Stivers v. City of Cherryvale

*271The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover compensation for preparing plans and specifications for a settling basin. A demurrer to his testimony was sustained, and he appeals, assigning this ruling as error. The testimony showed that he appeared before the city council August 2, 1909, and made a proposition to furnish the plans and specifications and the services of an engineer to oversee the work of constructing' the settling basin; that the city attorney was instructed to draw a contract, and that on August 13 the contract was approved by the mayor, and…