Reports of Cases Determined By the Supreme Court of the State of ..., volume 289
Reports of Cases Determined By the Supreme Court of the State of ..., volume 289
Missouri. Supreme Court
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App. 155; Const. Co. v. Gentry County, 257 Mo. 392, approving City of Kirksville v. Coleman, 103 Mo. App. 215. (3) The work and improvement was not completed within the time required by the ordinance of the city, and no extension of time was granted by ordinance to the contractor. Smith v. City of Westport, 105 Mo. App. 225; McQuiddy v. Bran- nock, 70 Mo. App. 535; Barber Asphalt Co. v. Ridge, 169 Mo. 376. The clause providing a penalty cannot change or extend the time for completing the work. ...McQuiddy v. Brannock, 70 Mo. 535 ; Neil v. Gates, 152 Mo. 592; Heman v. Gilliam, 171 Mo. 268. The clause in the contract providing for working days lost in con- sequence of injunction, court proceedings, etc., cannot be considered in this case, for the reason that none of these grounds were pleaded in plaintiff's reply or any other pleading, for the further reason that there was no evidence offered whatever that any of these grounds had caused the delay. The ordinance and contract pro- vide for the same time for completing the work, but the contract requires that any additional time allowed shall be fixed by an ordinance of the city.
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