Carroll v. Bowersock

Citations

• 100 Kan. 270
• 164 P. 143
• 1917 Kan. LEXIS 309

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Repairs to Building — Partial Performance — Building Destroyed by Fire — Remedy of Contractor. In an action by a contractor to recover for part performance of a contract to construct a reenforced concrete floor in a warehouse which burned before the floor was completed, recovery can not be predicated on the fact that the owner declined, on request of the contractor, to rebuild the warehouse, or on the fact that the owner collected insurance on the building, purchased before the contract was made.</p> <p>2. Same. In such a case recovery is limited to the amount of contract work done which at the time the structure was destroyed had become so far identified with it that the material furnished and labor performed would have inured to the owner’s benefit as contemplated by the contract if destruction had not occurred.</p>