Fossett v. Rock Island Lumber & Manufacturing Co.

Citations

• 76 Kan. 428
• 92 P. 833
• 1907 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Occupation Tax — Refusal to Issue License — Right to do Business. When a person has complied so far as he can with the provisions of an ordinance requiring him to pay an occupation tax, and has tendered the-fee and demanded of the proper officer a license, and the license is refused through no fault of his, it is not unlawful for him, without a license, to engage in an occupation, otherwise lawful, which requires no supervision or regulation.</p> <p>2. Subcontractor’s Lien — Evidence of Payments Made to Other Subcontractors. In a suit against the owner of a building to enforce a subcontractor’s lien evidence of payments made by the owner to other subcontractors during the sixty days . within which they were entitled to but did not file liens is admissible, and where the cost exceeds the contract price the owner is entitled to credit for such payments to the extent of the pro rata amounts which the other subcontractors would have been entitled to if their liens had been filed.</p> <p>3. - Set-off — Damages for Failure of Contractor to Complete the Building in Time. In a suit by a subcontractor to enforce a lien, against the owner of the building the qwner may offset any actual damages which he has .sustained by • reason of th'e contractor’s failure to complete the building in time, provided the damages are such as may be said to have-been in the contemplation of the parties when the contract was made.-</p>