Young Men's Christian Ass'n v. Ritter

In the former opinion in this case (The Y. M. C. A. v. Ritter, 90 Kan. 332, 133 Pac. 894) the judgment was reversed and the cause remanded with directions to render judgment for the appellant because of the failure of the Association, the owner of the building, to retain the required percentage of the estimates for work and labor furnished until notice to and consent of the surety company. A rehearing was granted on the sole question of whether or not the failure to retain the required1 percentage caused any loss to the appellant. We find it impossible to determine this from the state of the…