City of Leavenworth v. Green River Asphalt Co.

Citations

• 108 Kan. 789
• 196 P. 1091
• 1921 Kan. LEXIS 269

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Paving Contract — Terms of Guaranty Bond Construed. The paving r contract and bond involved herein are examined, and held to guarantee the pavement for ten years only as to the character of the material and workmanship furnished by the contractor, following Kansas City v. Hanson, 60 Kan. 833, 58 Pac. 474.</p> <p>2. Same — Making of Certain Repairs by Bond Company — No Estoppel. The fact that certain repairs were made by the defendants some nine years after the completion of the work held not to estop them from maintaining the defense urged by them indicated in the foregoing paragraph.</p> <p>3. Same — Action for Damages — Statute of Limitations. The action is held to be one on a written contract to keep the pavement in repair for ten years, and having been begun within five years from the expiration of that period it was not barred.</p>