Frederick v. City of Bonner Springs

The opinion of the court was delivered by

Mason, J.:

W. H. Frederick entered into a paving contract with the city of Bonner Springs, by the terms of which he was to receive 37 cents .per cubic yard o’f excavation and $1.02 per square yard of paving. Claiming to have performed his contract, he brought an action for the contract price, $1,104.72, of which $87.50 was for g-rading. The city contested the claim on the ground that the work had not been approved by the city engineer, as required by the contract, and was so defectively performed as to be of no value. The plaintiff recovered judgment…