Mullins v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Frank G. Johnson, Judge. (1) If the hauling of earth from the more distant borrow pit was outside of and in addition to plaintiff’s obligations under the contract, he would be entitled to compensation for the overhaul only upon showing a written agreement for such overhaul, signed by both parties to such agreement, and at a price agreed upon between him and the city in advance of the ,doing ’of the work, and in the absence of such…
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Appeal from Jackson Circuit Court. — Hon. Frank G. Johnson, Judge. (1) If the hauling of earth from the more distant borrow pit was outside of and in addition to plaintiff’s obligations under the contract, he would be entitled to compensation for the overhaul only upon showing a written agreement for such overhaul, signed by both parties to such agreement, and at a price agreed upon between him and the city in advance of the ,doing ’of the work, and in the absence of such showing plaintiff’s action must fail. Sec. 6759, R. S. 1899, now See. 2778, R. S. 1909; Cook & Son y. Cameron, 144 Mo.…
1Opinion of the CourtFaris, P. J.
— Plaintiff sued defendant for damages alleged to have accrued to him for violation of a contract for the construction of a settling basin for defendant’s waterworks system, and had judgment for $9000. Prom this judgment, after the usual motions, defendant appealed.
The facts shown by the record, so far as they are necessary to understand the conditions existing and the law applicable, are fairly simple, and except upon one point, to which we shall hereafter advert, are practically undisputed. They are, to-wit: That In November, 1908, defendant city was desirous of having constructed at…
2Cases cited12 opinions
- Plumley v. United StatesSupreme Court of the United States · 1913
- Boone County v. Burlington & Missouri River RailroadSupreme Court of the United States · 1891
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
- Dunklin County v. ChouteauSupreme Court of Missouri · 1894
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3Cited by25 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- City of Joplin v. Industrial Commission of MissouriSupreme Court of Missouri · 1959
- Fleshner v. Kansas CitySupreme Court of Missouri · 1941
- Grauf v. City of SalemMissouri Court of Appeals · 1955
- United Construction Co. v. City of St. LouisSupreme Court of Missouri · 1934
20 more not listed; retrieve them via the Exa API.