Frederick v. City of Bonner Springs

Citations

• 104 Kan. 257
• 178 P. 435
• 1919 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Street Paving — Refusal of City to Pay Contractor — Bad Faith of City Officials The evidence held sufficient to support a finding that the engineer and other officers of a city did not act in good faith in rejecting all of the paving done under a contract.</p> <p>2. Same — Refusal of City to Point Out Defects — Contractor’s Right of Recovery. Where a contract is entered into for the paving of a street - at an agreed price per square yard, the contractor to replace any portions that are found to be defective, and the municipal authorities charged with passing on the sufficiency of the work unreasonably refuse to point out the portions that require replacement, the contractor, being thereby prevented from performing the contract in full, is entitled to recover an amount proportionate to the quantity of pavement that was properly laid and should have been approved.</p> <p>3. Same — Assignments of Error. Various assignments of error held not to be well founded.</p> <p>4. Same — Presentation of Claim to City — Costs. The facts regarding the presentation of a claim to the city held not to have been such as ' to preclude the plaintiff from recovering costs.</p>