City of Leavenworth v. Rankin
Supreme Court of Kansas
Error from Leavenworth County. This action was tried by a jury in the District Court for Leavenworth County. The plaintiff declared on a special contract of which the following is a copy : “ These indentures entered into this 25th day of August, A. D. 1860, between Edmund M. Nankin of the County of Leavenworth, and Territory of Kansas, and the City of Leavenworth, of the same County and Territory, party of the second part, witnesseth, that the said Edmund M.Nankin, party of…
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Error from Leavenworth County. This action was tried by a jury in the District Court for Leavenworth County. The plaintiff declared on a special contract of which the following is a copy : “ These indentures entered into this 25th day of August, A. D. 1860, between Edmund M. Nankin of the County of Leavenworth, and Territory of Kansas, and the City of Leavenworth, of the same County and Territory, party of the second part, witnesseth, that the said Edmund M.Nankin, party of the first part, covenants and agrees to grade, curb, fill and remove the dirt from Seventh (7th) Street, from the center…
1Opinion of the Court
By the Court,
Ckozier, C. J.
Upon the trial of this cause in the Court below, the only instruction giv&n to the jury was the following:
h Under the pleading the plaintiff is entitled to recover' for the number of cubic yards excavated, at twenty cents pgr cubic yard, and for the number of cubic yards filled at twenty cents per cubic yard.”
In so charging the jury, the Court decided that the agreement set out in the paper upon which the action was founded, embodied a valid contract, and should be construed as the language of the instruction indicates; in both of which it is claimed that the Court…
2Cited by29 opinions
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- City of Bryan v. Page & SimsTexas Supreme Court · 1879
- Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
- City of Garden City v. MillerSupreme Court of Kansas · 1957
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