Heman Construction Co. v. Capper

Citations

• 105 Kan. 291
• 182 P. 386
• 1919 Kan. LEXIS 72

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Building Contract — Balance Claimed to be Due — Suit Against the State Not Maintainable. Where a construction company entered into a contract with the state for the erection of a building, an action for a balance alleged to be due thereon, brought against the official board which acted for the state in the letting of the contract, is a suit against the state, and, as such, it is not maintainable in the absence of a positive and unequivocal statute permitting the state or its official board to be sued. .</p> <p>2. Same. A statute which confers power upon a state board to institute or defend any and all proceedings necessary to protect the interests of the state is not a waiver of the state’s immunity from suits at the instigation of private parties seeking to subject the state and its official boards to money judgments.</p>