Emporia Plumbing & Heating Co. v. Noland

The opinion of the court was delivered by

Parker, J.:

This was an action to recover damages for failure to perform a contract. The plaintiff recovered and the defendant appeals.

The plaintiff, Emporia Plumbing and Heating Co., Inc., is a plumbing and heating company with its principal place of business at Emporia. The defendant, John Noland, is a cement contractor living in the same city. On March 21, 1952, the parties entered into a written contract for the construction by defendant of a septic tank and other cement work incident thereto in connection with the building of an addition to a…