Home > Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 229): (English)
Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 229): (English)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 229): (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... St. Louis v. Anderson. CITY OF ST. LOUIS, Appellant, v. WILLIAM M. ANDERSON et al. Division One, June 14, 1910. CONTRACT TO CONSTRUCT SEWER: Suit on Bond by City. The city cannot maintain a suit on the guaranty bond of a contractor for a sewer which was to be paid for in special taxbills, for the excess which the property-owners have been compelled to pay because the contractor failed to construct the sewer and the city was compelled to relet the work at a higher price. The damage was to the property-owners, and the city, either as trustee for them or on its own account, cannot maintain suit for that damage. Appeal from St. Louis City Circuit Court.--Eon. Robt. M. Foster, Judge. Affirmed. L. E. Walther and B. E. Charles for appellant. (1) The taking of the bond is a requirement of the law. Charter of St. Louis, art. 6, sec. 27; 2 E. S. 1899, p. 2514, and sec. 6761. And the purpose of the requirement is to insure to the public the performance of the work contracted for. (2) Where the condition is for faithful performance, the purpose of such a condition is "to secure the performance of the work in a satisfactory manner." 1 Abbott on Mun. Corp., p. 665; Ft. Madison v. Moore, 109 la. 476. To the same general effect see the language used in Bank v. Woesten, 147 Mo. 479. (3) The theory of the court below was that as the contract was not made for the benefit of the property-owners in the sewer district, the plaintiff could not recover as trustee for them; and also that because it did not appear that plaintiff sued as trustee for them, he was not entitled to reSt. Louis v. Anderson. cover as trustee for them. That this was the theory is shown by the only declarations of law given by him; and this directly in the teeth of the fact that the petition was a straight...


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Product Details
  • ISBN-13: 9781154327595
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 262
  • Series Title: English
  • Weight: 472 gr
  • ISBN-10: 1154327590
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 14 mm
  • Width: 189 mm


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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 229): (English)
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