Bair v. School District No. 141 of Smith County

Citations

• 94 Kan. 144
• 146 P. 347
• 1915 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Plans and Specifications for Sohoolhouse — Contract Silent as to Cost of Building- — Parol Evidence Admissible to Show Understanding of Parties. A contract was entered into by an architect and a school board, by which the architect agreed to furnish plans and specifications for a “Brick 2-Story School Building, as approved by Owner,” for which the school board agreed to pay a certain per cent of the-cost of the building. Nothing is said in the contract concerning the cost of the building. Evidence was admitted to show that it was the understanding of the parties that the building should cost not to exceed ten thousand dollars. This was not error. A</p> <p>2. Same — When Architect is Not Entitled to Compensation. Where plans and specifications for a school building are approved by a school board, conditioned upon the board’s letting a contract for the erection of the building for a sum not exceeding ten thousand dollars, and the. board is unable to let such a contract for that sum or less, the architect preparing such plans is not entitled to compensation.</p>