Board of Education v. Clark

Citations

• 64 Kan. 430
• 67 P. 862
• 1902 Kan. LEXIS 223

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, Supreme Court — Estoppel by Pleadings in Trial Court — Inconsistent Claims. A party litigant must not assume inconsistent positions in the litigation. Hence, when the owner of property, by its pleadings in the trial court, affirms the existence of certain mechanics’ liens thereon, alleging the existence of the same as a breach of the obligation of a contractor’s bond conditioned to construct and turn over to the owner a building on such property, free from liens, and demands judgment for damages for such breach against the contractor and his bondsmen; and when the contractor, by his answer to such pleading, specifically and positively challenges the validity of such liens, and the owner by reply takes issue thereon, and after judgment is entered upholding such liens, the latter alone prosecutes error to this court, it will not be heard to dispute with the claimants the validity of their liens. Its position assumed in this court is entirely inconsistent with that taken in the trial court.</p>