City of Hutchinson v. White

Citations

• 80 Kan. 37
• 101 P. 458
• 1909 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts — Error in Specifications — Compensation for Extra Work — Authority. ■ A city of the second class let a contract for ,the construction of a drainage canal according to plans and specifications prepared by its engineer, which were made a part of the contract. The specifications gave the dimensions of the canal, and contained a statement that the excavated dirt should be deposited on the banks of the canal within a specified space. It was subsequently ascertained that the space designated would not contain the dirt, but the contractor, relying upon the specifications, had filled the space therein named, and was compelled to move the remainder over and beyond that which had already been deposited, causing much additional labor to what would have been necessary if the mistake in the specifications had been discovered earlier. The contract contained a clause that the sum therein stipulated was the limit of the city’s liability and nothing would be allowed for extra work unless authorized in writing by the city council. No such writing was made. The contractor claimed pay for the extra labor in moving dirt.</p> <p>HeJ,d, that he can not recover.</p>