Missouri Court of Appeals April 14, 1915 (Likes v. City of Rolla)

STURGIS, J.

The facts in this case are not in dispute. The defendant is a city of the fourth class. It has the power to and did enter into a contract with this plaintiff to pave Eighth street in the defendant city. It is agreed that there are no infirmities in this contract or the proceedings had relative thereto up to the time the work was completed and tax bills issued.