Legal Opinion

School District No. 46 v. Lund

Supreme Court of Kansas

Decided July 15, 1893PublishedCited by 4 opinions

Error from, Lyon District Court. On July 26, 1888, School District No. J¡,6, Lyon county, having previously prepared specifications for a schoolhouse it desired to have built, and having submitted the same to Martin Lund, he made the following offer, which the district accepted : “To School Board of District No. J¡B, Lyon County: I hereby agree to build and furnish all material for schoolhouse, as per specifications, for the sum of $935. Martin Lund.”

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Error from, Lyon District Court. On July 26, 1888, School District No. J¡,6, Lyon county, having previously prepared specifications for a schoolhouse it desired to have built, and having submitted the same to Martin Lund, he made the following offer, which the district accepted : “To School Board of District No. J¡B, Lyon County: I hereby agree to build and furnish all material for schoolhouse, as per specifications, for the sum of $935. Martin Lund.” The specifications were treated as a part of the contract, aud signed by the parties. Lund built a schoolhouse, which he considered finished…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Upon the trial, the jury returned a general verdict for Martin Lund for $235, but found the building worth $700, and that the school district had paid $312. The court rendered judgment for Lund for $388 upon the special findings. Complaint of this is made. It was decided in Barnwell v. Kempton, 22 Kas. 314, that

“ Where one party has entered into a special contract to perform work for another and furnish materials, and the work is done and the materials are furnished, but not in the manner stipulated for in the contract, so that he cannot…

2Cases cited4 opinions

  1. Duncan v. BakerSupreme Court of Arkansas · 1878
  2. McClay v. HedgeSupreme Court of Iowa · 1864
  3. Meagher v. MorganSupreme Court of Kansas · 1865
  4. Barnwell v. KemptonSupreme Court of Kansas · 1879

3Cited by4 opinions

  1. Carlgren v. SaindonSupreme Court of Kansas · 1930
  2. Fritts v. QuintonSupreme Court of Kansas · 1925
  3. Zimmerle v. FelzienSupreme Court of Kansas · 1926
  4. Palm, Fechteler & Co. v. Uncle Sam Oil Co.Supreme Court of Kansas · 1916

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