Collier v. Monger

Citations

• 84 Kan. 107
• 113 P. 385
• 1911 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts — Accrual of Action — Complete Performance Delayed by Defendant’s Negligence. C contracted in writing with M to drill an oil well for M, and fully performed the contract so far as appeared by the express terms thereof, and, after the failure of M on demand to pay the contract price, brought suit to recover the same. M, to show that the action was prematurely brought, pleaded and proved a local custom which required C, upon M’s furnishing the material therefor, to case the well. It appeared by the evidence that M had neglected and refused for an unreasonable length of time to furnish the material. Held, that such neglect and refusal did not postpone C’s right of recovery under the contract.</p>