City of Olathe v. Edson

Citations

• 84 Kan. 408
• 114 P. 228
• 1911 Kan. LEXIS 341

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts — Substantial Performance — Full Performance Prevented by Plaintiff■ — Payment—Issues Determinable. An interurban railway company, in consideration of a franchise to use the streets of the city, agreed to pay a fixed sum upon the completion of the work to be done thereunder. In an action by the city to recover the amount the company contended that the payment was not due because the city had, by a temporary injunction, prevented the construction of a sidetrack included in specifications which had been submitted and approved in accordance with a provision of the ordinance granting the franchise. Held, that the rightfulness of the injunction need not be determined in this action; and that, notwithstanding the construction of the sidetrack has so far been prevented by the city, there has been such a substantial completion of the work to be done under the franchise as to render the consideration payable.</p>