American Law Reports Annotated Volume 9

American Law Reports Annotated Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...for natural stone for the curbing, and an abutting owner, after the bids had been received, petitioned the common council to substitute artificial stone in place of the natural stone, which was done, and he saw the contractor put in the artificial stone curbing in front of his property, and made no objection thereto, it was held that he was estopped to deny the validity of an assessment on account of tne departure in the work from the notice and the bid. Brick & Terra Cotta Co. v. Hull (1892) 49 Mo. App. 433, wherein the court said: "The defendant not only requested the city council to c-hange the curbing from natural to artificial stone, but he also directed fhe contractors to remove the old curbing in front of his property, and put in new curbing, which he knew was, by the contract, to be of artificial Ktone. He saw the contractor put in the artificial curbing in front of his property, and made no objection whatever thereto. It therefore appearing that the defendant, with others, having procured the substitution of the contract made for the one contemplated by the ordinance, is by every principle of right estopped to deny the validity of the assessment. And, even if he had not procured the change in the contract, he would be estopped, on the further ground that he had actual knowledge of the change, and acquiesced in the work done under it." But a property owner is not estopped where he merely assents to a change in a street improvement suggested by the contractor, under the supposition that the contractor has a valid contract, when his contract is not valid because it authorizes the change when no such authority is given in the ordinance providing therefor; and this is the rule, though the property owner knows that the...show more

Product details

  • Paperback
  • 189 x 246 x 54mm | 1,878g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236980778
  • 9781236980779