Stauffer v. City of Topeka

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment against the City of Topeka in an action for damages resulting from the breach of a contract for construction of a storm sewer.

The facts are not in dispute.

On or about September 12, 1963, the plaintiff entered into a written contract with the defendant to construct a storm sewer from the Kansas River southward generally along Madison Avenue to a point at approximately the intersection of Third and Madison. At the intersection of First and Madison Streets the storm sewer was to be constructed under three…