Hill-O'Meara Construction Co. v. Hutchinson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -Ho». John A. laity, Judge. (1) Where an ordinance subsequent to the letting of a contract for special tax work reduces materially the dimensions and extent of the improvement and work to be done as compared with the original ordinance directing the same, the contract is vitiated and the special tax-bills issued thereunder are void. Trenton v. Collier, 68'Mo.
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Appeal from St. Louis City Circuit Court. — -Ho». John A. laity, Judge. (1) Where an ordinance subsequent to the letting of a contract for special tax work reduces materially the dimensions and extent of the improvement and work to be done as compared with the original ordinance directing the same, the contract is vitiated and the special tax-bills issued thereunder are void. Trenton v. Collier, 68'Mo. App. 483; Warren v. Chandos, 115 Cal. 382; Sections 15 and 27, article 6, City Charter; 2 R. S. 1899, pp. 2511, 2514; Guinotte v. Eglehoff, 64 MA. App. 356; West v. Porter, 89 Mo. App. 150. (2)…
1Opinion of the CourtGoode, J.
In this case, which is on a special tax-bill issued for paving and otherwise improving a portion of Taylor avenue in the city of St. Louis, only three defenses require our attention, although others were made in the court below. Those three defenses, as stated by the appellants, are: that the work and materials were defective and insufficient, of no benefit to appellant’s property, and did not comply with the contract between the-city and the respondent; that the improvement was not finished within the time limit prescribed by the ordinance ordering it, and that after said ordinance had' been…
2Cases cited4 opinions
- City of Trenton ex rel. Gardner v. CollierMissouri Court of Appeals · 1897
- Cross v. City of KansasSupreme Court of Missouri · 1886
- Vaile v. City of IndependenceSupreme Court of Missouri · 1893
- Brick & Terra Cotta Co. v. HullMissouri Court of Appeals · 1892
3Cited by3 opinions
- Cushing v. PowellMissouri Court of Appeals · 1908
- Schibel v. MerrillSupreme Court of Missouri · 1904
- Hilgert v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1904