City of McPherson v. Stucker

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order of the court overruling a motion for a judgment on the entire record.

In order better to understand the question presented by this motion the record of the case must be considered. That portion of the record pertinent to our present inquiry may be stated as follows: The city of McPherson, desiring to build a concrete waterproof tower for its system of waterworks, after having plans and specifications prepared for that purpose, let a contract for the work to Stucker, Stucker & Strachan, by the terms of which the…