State ex rel. Dolman v. Dickey

• Decision Date: 13 March 1920
• Citation: 219 S.W. 363,280 Mo. 536
• Parties: THE STATE ex rel. JOHN E. DOLMAN v. C. E. DICKEY, JOHN BRENDEL and W. D. MORRISON, BOARD OF PUBLIC WORKS, and CARL P. HOFF, Appellants
• Court: Missouri Supreme Court

219 S.W. 363

280 Mo. 536

THE STATE ex rel. JOHN E. DOLMAN v. C. E. DICKEY, JOHN BRENDEL and W. D. MORRISON, BOARD OF PUBLIC WORKS, and CARL P. HOFF, Appellants

Supreme Court of Missouri, Second Division

March 13, 1920

280 Mo. 536 at 554.

Original Opinion of March 13, 1920, Reported at: 280 Mo. 536.

Motion overruled.

OPINION

ON MOTION FOR REHEARING.

PER CURIAM:

On consideration of the motion for rehearing filed herein, it is decided that the cause should be remanded in order that the trial court may ascertain whether the construction of curbing and side-walk is in accordance with the contract, and can be separated from the paving in ascertaining the price to be paid for the same and assessed against the property liable for such payment.

It is therefore ordered that the opinion be modified accordingly and the judgment be reversed and the cause remanded, and the motion for rehearing is overruled.