Leidigh & Havens Lumber Co. v. Bollinger

The opinion of the court was delivered by

Fatzer, J.:

The state of Kansas undertook to construct a public building known as the Thomas W. Butcher School on the campus at Kansas State Teachers College, at Emporia. To that end, a general contract was let to Wayne Bollinger in the amount of $356,210. Bollinger, as general contractor, sublet the painting of the budding to Jess Bair under a written, unsigned estimate in the total amount of $7,678.

Bair entered into performance of his subcontract and carried it out until he was injured in an automobile accident and had to abandon it. He received…