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89 Mo. App. 159

Winfrey v. Linger

Missouri Court of Appeals

Decided May 6, 1901

Missouri Court of Appeals · decided 1901-05-06

— Hon. James Gibson, Judge, (1) The defense was that the contract was not completed within the time fixed. But there was substantial compliance, and that was all that was necessary. Time here was not of the essence of the contract.

Cited by 6 later decisions — most recently December 1907

6 state decisions

Relies on Neill v. Gates · McQuiddy v. Brannock · Rose v. Trestrail

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1901-05-06

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ELLISON, J.

¶1Tbis is an action on a special taxbill against real estate in Kansas City, Missouri. Tbe judgment in tbe trial court was for defendant.

¶2Tbe case consists of two propositions. Eirst, that notwithstanding tbe paving for which tbe taxbill was issued was not done within tbe time limited by tbe contract, yet tbe bill is valid. That proposition bas been so often decided to tbe contrary we will not now again go over tbe question. Neill v. Gates, 152 Mo. 585; McQuiddy v. Brannock, 70 Mo. App. 535; Rose v. Trestrail, 62 Mo. App. 352; Whittemore v. Sills, 76 Mo. App. 248; Trust Co. v. James, 77 Mo. App. 616.

¶3Tbe second proposition is that notwithstanding tbe invalidity of the taxbill, yet, since tbe defendant failed to file bis objections thereto stating what defense be purposed maki-ncr in tbe event of a suit thereon, within sixty days after tbe issue (as required by section 23, article 9, Charter) be can not now be beard. That- proposition bas likewise been directly decided against appellant. Richter v. Merrill, 84 Mo. App. 150.

¶4There is no merit in tbe appeal and tbe judgment will be affirmed.

All concur.
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