Ross v. Wellington Lodge No. 133

Citations

• 94 Kan. 528
• 146 P. 1003
• 1915 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Jointly to Erect a Building — Payments—Aotion on Contract — Not Barred by Statute of Limitations. There was a written contract between plaintiff and defendant by which they agreed to erect a building, each to pay one-half of the cost. There was no provision that either should advance money for the other. After the building was completed the plaintiff, claiming that he had paid more than one-half of the cost of construction, brought this action to recover from the defendant the amount in excess thereof. Held, that the action can be maintained upon the written contract, and that it was error to overrule a demurrer to an answer setting up the defense of the three-year statute of limitations.</p>