Childers v. Holmes
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Hon. E. P. Gates, Judge. (1) The contract was not executed by the contractor and guaranteed by two or more sureties, Eowland, one of the two sureties thereon, being the actual contractor. City Charter, sec. 20, art. 9. (2) Thé work was not completed within the time required by the contract. City of Springfield v. Davis, 80 Mo. App. 574. When no timé is fixed by ordinance, a reasonable time is implied. Ayers v. Schmohl, 86 Mo.
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Appeal from Jackson Circuit Court.— Hon. E. P. Gates, Judge. (1) The contract was not executed by the contractor and guaranteed by two or more sureties, Eowland, one of the two sureties thereon, being the actual contractor. City Charter, sec. 20, art. 9. (2) Thé work was not completed within the time required by the contract. City of Springfield v. Davis, 80 Mo. App. 574. When no timé is fixed by ordinance, a reasonable time is implied. Ayers v. Schmohl, 86 Mo. App. 349; McQuiddy v. Brannock, 70 Mo. App. 535. (3) The time could not have been extended even by ordinance under such…
1Opinion of the CourtEllison, J.
This is an action on two special taxbills issued for putting in curbing on one of the streets of Kansas City. The plaintiff is assignee of the contractor and obtained judgment in the trial court.
The facts necessary to an understanding of the case are that on the twenty-third day of November, 1895, an ordinance was passed by the council of Kansas City providing for the work. The ordinance provided that the curbing was deemed necessary to be done by the council; and that all of the curbing not done by owners of the property liable to be charged should be paid for by special taxbills. It further…
2Cases cited20 opinions
- Neenan v. SmithSupreme Court of Missouri · 1872
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
- Ruggles v. CollierSupreme Court of Missouri · 1869
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
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3Cited by8 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
- Kurtz v. KnappMissouri Court of Appeals · 1907
- Fellows v. DorseyMissouri Court of Appeals · 1913
- Spalding v. ForseeMissouri Court of Appeals · 1904
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