Badger Lumber Co. v. Farmers Union Elevator Co.

Citations

• 112 Kan. 734
• 212 P. 662
• 1923 Kan. LEXIS 474

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Materials Furnished and Used in Construction of Elevator — Liability of Owner of Elevator. Where an agreement was made between a contractor and an elevator company; for the construction of an elevator, which agreement contained these provisions: “Payments are to be made by the owners as bills for materials and labor become due, upon presentation of bills for materials and vouchers for labor. It is further understood, in addition thereto, the owners will pay all freight and express charges, upon presentation of freight bills and express bills;” and where, on the verbal order of the contractor, the lumber company, in good faith, shipped and billed materials to the owners, which materials were received by them and used in the construction of the elevator, the owners paying' the freight thereon, and invoices were sent by the lumber company to the owners, and received by them, and none to the contractor, the lumber company treating the owners as the buyers of the materials, and where the owners failed, for a considerable time, after the use of the materials, to disclaim liability, and where the lumber company procured the approval of a statement covering its bill by the contractor, and transmitted it to the owner when it still had a sufficient portion of the contract price on hand with which to pay the lumber company’s bill; held, that the owners are liable, and judgment rendered by the trial court sustaining verdict of a jury will not be reversed.</p>