McCune v. Ratcliff

Citations

• 88 Kan. 653
• 129 P. 1167
• 1913 Kan. LEXIS 394

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence—Admission—Not Error. Rulings upon the admission of testimony are examined and approved.</p> <p>2. Building Contract — Defective Construction — Measure of Damages. The decision in McCullough v. Hayde, 82 Kan. 734, 109 Pac. 176, relating to the measure of damages upon a building contract for defective construction, is followed.</p> <p>3. Instructions—Measure of Damages. Failure to give an instruction stating the measure of damages is immaterial where the evidence is confined to specific items set out in the pleadings, and the instructions restrict the jury to the consideration of such items, and no request is made for an instruction upon that subject.</p>