Watkins v. School District No. 104

Citations

• 85 Kan. 760
• 118 P. 1069
• 1911 Kan. LEXIS 147

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — School Board — Extra Work — Evidence. In an action to recover for extra work and material the petition alleged that the basement of the building in question was made one foot and four inches deeper than called for by the plans ánd specifications. A blue print called “plans” was offered in evidence, the witness stating that this was the plan on which he made the bid and by which he worked, and after-wards that the basement was made three feet deeper than called for by the blue print. An objection to this blue print on the ground that it was incompetent, irrelevant and immaterial, no proper foundation being laid, was overruled: Held, that as it did not appear whether any other portion of the plans and specifications had reference to the basement, and as the defendants might have required the production of them all, the ruling was proper.</p> <p>2. Evidence — Demurrer — Directing Verdict. When the evidence shows without dispute that the plaintiff is entitled to recover and the defendant elects to stand upon a demurrer to the evidence, held, that it is proper to direct a verdict for the plaintiff.</p> <p>3. Contracts — Extra Work — Ratification by School Board. When a school district, through its board, contracts for the erection of a building and one of the board directs the basement to be made deeper than called for by the plans and specifications, assenting to a suggestion by the workman that such work will have to be paid for and the different members of the board are upon the work from day to day overseeing and watching the same, and the building with the basement so deepened is accepted and used for a year or more by the district for school purposes, held, that the district is liable for the reasonable value of such extra work although no contract was made therefor by the board in session.</p>