Humphrey v. Flaherty

Citations

• 98 Kan. 634
• 158 P. 1112
• 1916 Kan. LEXIS 149

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Breach — Building Contract — Default of Builder — Estoppel. A builder can not avail himself of a provision in a contract providing for a penalty of a certain sum per day for the failure of a contractor to complete the work on the day fixed where the delay has been occasioned by his own acts and defaults.</p> <p>2. Same — Building Contract — Partial Payments — Waiver. A provision in a building contract that payments shall be made to the contractor as the work progresses and when it is completed upon certificates issued by an architect may be waived, and a finding by the trial court herein that the issuance of certificates provided for in the contract had been waived by the parties is upheld.</p>