City of Osawatomie v. Mills

The opinion of the court was delivered by

Johnson, P. J. :

This case comes to this court on the pleadings, findings of fact, conclusions of law, and the judgment of the court. Each party seems to be satisfied with the findings of fact made by the court; but objection is made to the conclusions of law based on the findings of fact and on the construction put upon the contract by the court.

The city of Osawatomie, a city of the second class, through its proper officers, entered into a contract in writing with C. H. Race, by which Race undertook and agreed to furnish, erect, maintain and operate a…