Kanzius v. Jenkins

Citations

• 98 Kan. 94
• 157 P. 417
• 1916 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bridge Contracts — Breach by Contractor — Indemnity Bond — Liability of Surety Company. A construction company contracted with county commissioners to build and repair a number of bridges and the faithful performance of the contract was guaranteed by a bonding company. The construction company failed to carry out the contract, and the bonding company having declined to assume the burden, the commissioners employed others to finish the work, and when it was done allowed and paid the bills deemed to be necessary and reasonable for the completion of the contract, but the construction company and the bonding company refused to reimburse the commissioners for the outlay. In this action against the construction and bonding' companies the contract is interpreted, and although found to be somewhat ambiguous, is held to be valid; that upon the default of the construction company and the refusal of the bonding company to complete the work the commissioners were authorized to employ a builder to finish the work and to be entitled to recover for labor and any expenses reasonably necessary to complete the work in accordance with the contract, and that the plan adopted of paying such builder the cost of labor and material and á per cent for general expenses for things not easily-enumerated, and which appear to be reasonably necessary, is permissible.</p> <p>2. Same. The construction company, which agreed to construct a bridge with a concrete floor, laid the concrete in the latter part of March in the presence and with the consent of an inspector employed by the county commissioners. The night following there was a sudden change of temperature, which resulted in -freezing and disintegrating the concrete, so that the floor had to be relaid. No provision was made in the contract to relieve the contractor from the effects of frosts, storms or like casualty. Held, that the loss caused by the freezing of the concrete falls upon the contractor.</p>