Emslie v. City of Leavenworth
Supreme Court of Kansas
Error from Leavenworth District Court. All necessary facts and proceedings are sufficiently stated in the subjoined opinion. The district court, at February Term 1874, gave judgment in favor of Emslie, plaintiff, for $250. He claimed in his petition the sum of $6,444.25, and interest; and now complains that the judgment rendered was too small, and he brings the record here for review.
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Error from Leavenworth District Court. All necessary facts and proceedings are sufficiently stated in the subjoined opinion. The district court, at February Term 1874, gave judgment in favor of Emslie, plaintiff, for $250. He claimed in his petition the sum of $6,444.25, and interest; and now complains that the judgment rendered was too small, and he brings the record here for review. The district court held, because the petition was not drawn .upon the contract mentioned in the answer, that although the city in its answer set up the contract in hcec verba between itself and Bullen, and the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of facts. In February 1868, the city of Leavenworth made a contract with J. A. Bullen to build a bridge on Main street, across Three-mile creek, for $10,800, payable in five-year bonds. The excavation and mason work therein was, with the consent of the city, assigned to the plaintiff. The bridge was built, and accepted by the city. Changes were made by the city engineer in the plans and specifications, which largely increased the amount of the masonry and excavation. On a final report of the city engineer the city paid plaintiff…
2Cases cited2 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
3Cited by3 opinions
- Schwartzel v. KarnesCourt of Appeals of Kansas · 1896
- Water Power Co. v. McMurraySupreme Court of Kansas · 1880
- Hentig v. Kansas Loan & Trust Co.Supreme Court of Kansas · 1882