Stivers v. City of Cherryvale

Citations

• 86 Kan. 270
• 120 P. 361
• 1912 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Contract — Oral Acceptance — When Binding.' Ordinarily when the terms of a contract are reduced to writing and signed by one of the parties and by him presented to the other, who without signing expresses satisfaction therewith and a willingness to sign and who accepts the terms and proceeds with the work, such contract is binding on both parties.</p> <p>2. Cities — Unsigned Contract — Oral Acceptance■ — Liability. When a city receives a bid for preparing certain plans and specifications, instructs its attorney to draw a contract and directs the bidder to proceed without waiting for the contract to be signed, and the bidder thereupon proceeds with the work until it is nearly completed, when he is directed to cease, held, that the city is liable to him for the fair cost and value of what he has done, whether it actually received any benefit therefrom or not.</p>