City of Garden City v. Heller

The opinion of the court was delivered by

Johnston, J. :

This was an action brought by S. M. Heller against Garden City on a tree-planting contract, the validity of which was considered by this court in 1897. (Heller v. City of Garden City, 58 Kan. 263, 48 Pac. 841.) The legal questions which arose on the pleadings, as to the right of the city to contract for the planting of trees on the streets and public grounds, and the liability of the city to the contractor where it repudiated the contract and refused to make assessments against the abutting property, were then fully determined. The case…