McCullough v. S. J. Hayde Contracting Co.

Citations

• 82 Kan. 734
• 109 P. 176
• 1910 Kan. LEXIS 332

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Performance Except in Certain Particulars— Damages — Expense of Completing Contract. A subcontract for plumbing and heating work in a building, amounting to over $7000, was performed except in certain particulars. A comparatively small expenditure was necessary to supply the omissions and remedy the defects. It is held, that the reasonable expense necessary to make the work conform to the contract is the proper measure of damages to be allowed to the owner upon his counterclaim in an action against him for the contract price.</p> <p>2. Evidence — Opinions and Conclusions — Immaterial Error, The admission in evidence of a general statement of the contractor to the effect that he had performed the contract fully is not prejudicial, when testimony relating to the various items is given and findings are made thereon relating to all the defects pleaded in the answer.</p> <p>3. - Collateral to the Issue — Cross-examination. It was not error to restrict the evidence to the particular defects pleaded.</p> <p>4. Practice, District Court — Consolidation of Actions — Amendment of Pleadings — Discretion. The refusal of the court to permit the consolidation of this action with another action in which another party was impleaded, and in refusing to allow an amendment of the answer, were within the discretion of the court, which, in the circumstances shown, was not improperly exercised.</p>