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Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 96

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 96


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...on the owner as to the extent of recovery. 7. SAME--Pu.ssio'ri or Prejudice of Court Not Shown. The evidence does not disclose that the court was actuated by passion or prejudice in making the findings herein on which its judgment was based. Appeal from Ford district court; GORDON L. FINLEY, judge. Opinion filed November 6, 1915. Modified. W. Fairchild, John S. Simmons, and H. S. Lewis, all of Hutchinson, for the appellant L-A-Madison, and Carl Van Riper, both of Dodge City, for the appellee. JOHNSTON, C. J.: This was an action brought by School District No. 3 of Ford county against The United States Fidelity and Guaranty Company of Baltimore, Maryland, and C. W. DeLano to recover for the failure of DeLano to complete a contract for the erection of a schoolhouse. On June 25, 1909, DeLano contracted with the board of education to furnish the necessary labor and material and complete by December 15, 1909, an eight-room school building in Spearville for the sum of $15,000 upon the condition that he would pay $5 a day as liquidated damages if the building should not be completed within the agreed time, and the guaranty company gave bond in the sum of $5000 conditioned upon the faithful performance of the contract. It was an ordinary building contract and provided for the payment of ninety per cent of the contract price in installments upon estimates made by the architect and general superintendent. It also provided that work mentioned or shown in either the specifications or plans only should be considered as if in both. Provision was also made for additions or deductions and for alterations deemed to be proper or necessary. DeLano entered upon the work. He was paid, upon the architect's estimates, the sum of $12,595.73 and $1458.73...


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Product Details
  • ISBN-13: 9781130463286
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 402
  • Spine Width: 21 mm
  • Width: 189 mm
  • ISBN-10: 1130463281
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 717 gr


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