Hale & McClure v. Johnson & Wiggins
Supreme Court of Kansas
Error from Davis District Court. The defendants in error sued Hale f Me Clure for the value of certain work, labor and materials done and furnished in the construction of a stone building on Lots 19 and 20, Block 28, in Junction City.
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Error from Davis District Court. The defendants in error sued Hale f Me Clure for the value of certain work, labor and materials done and furnished in the construction of a stone building on Lots 19 and 20, Block 28, in Junction City. The petition set forth a contract between the parties, whereby it appears that said H. & McC. were to excavate for the foundation, and to “ furnish and deliver on the ground, all the stone required in the construction of said building, as fast as required by said Johnson & Wiggins.” It also appears from said contract, that said J. & W. were to furnish all other…
1Opinion of the Court
The opinion of the court was delivered by
Sanford, J.:
1. Practice. Ob-in&wVeJK m“de' A considerable portion of the argument in this case, has been directed to the consideration of questions relating to some of the pleadings which were filed therein, in the court below. They do , " not appear to have been raised in any manner during the progress of the cause, until it reached this court, but have been presented for the first time here. Such being the case, and it being clear that the petition — which is the pleading objected to — stated a good cause of action, and no point being made as to the…
2Cited by1 opinion
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