187 Mo. App. 673 | Mo. Ct. App. | 1915
This is a suit to recover a portion of the expense entailed through reconstructing a private sewer. The finding and judgment were'for defendant and plaintiff prosecutes the appeal. A jury was waived and the trial had before the court. No declarations of law were requested by either party and none were given by the court of its own motion.
It appears that plaintiff owned a residence in St. Louis county, and constructed a private sewer therefrom to a sink hole, about 250' feet distant. The sewer was constructed of eight-inch sewer pipe, and, it is said, at a cost of $200. About two weeks after the sewer was completed, plaintiff sold the privilege to defendant to connect therewith through installing a
There is some evidence in the case that defendant and plaintiff jointly employed the sewer expert to perform this task but there is evidence to the contrary as well, and the court found the issue for defendant, as though he was in nowise obligated on that account. Of course, this feature of the case is concluded here by the finding of the trial judge.
But it is argued here that defendant must respond for his portion of the expense entailed because of his special contract to that effect which is declared upon in the case. On acquiring his right to connect with plaintiff’s sewer, about two weeks after it was originally installed, the parties entered into a written contract concerning the subject-matter, and such is the
Our Supreme Court, in speaking of the distinction between the obligation to repair and the obligation to reconstruct a street, has said: “To repair a thing is to restore it to a sound state after decay, injury,
The judgment, should be affirmed. It is to ordered.