J. B. Rhodes Lumber Co. v. Morris

Citations

• 99 Kan. 263
• 161 P. 622

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Foreclosure — Mechanic’s Lien — Modified Agreement — Evidence — Findings — Pleadings. In an action to foreclose a mechanic’s lien on a silo the answer denied nothing, but alleged the substitution of material different from and inferior to that specified in the contract and that by reason thereof the silo burst, spoiling part of the contents. The jury found that the substitution of different material Was by agreement of the parties, and allowed defendants damages for the amount of silage found to have been spoiled, and gave judgment to the plaintiff for the difference. Held, that the findings and verdict are supported by sufficient evidence and that the trial court rightly restricted defendant’s proof to the only defense pleaded.</p>