Badger Lumber Co. v. Farmers Union Elevator Co.

The opinion of the court was delivered by

Hopkins, J.:

This is an action to recover for certain building materials furnished by plaintiff and used in the construction of an elevator at Allen, Kan. Trial was to a jury. Plaintiff recovered, and the defendant appeals.

On May 25, 1919, defendant entered into a contract with one F. W. Lehrack, under the terms of which Lehrack was to build an elevator for the sum of $8,234.55. The contract contained these provisions: “Payments are to be made by the owners as bills for materials and labor become due, upon presentation of bills for ma*735terials and…