Neale Construction Co. v. Topeka Township Sewage District No. 1

The opinion of the court was delivered by

Parker, J.:

This action, to recover an unpaid balance alleged to be due and payable under its terms, is founded on a unit price contract entered into between the plaintiff and the defendant Sewage District for the construction of a sewer line. With issues joined on all questions relating to liability of the parties, under pleadings consisting of the plaintiff’s petition, the defendant’s answer and the plaintiff’s reply, all as finally amended, the cause came on for trial by the district court where defendant’s motion for judgment on plaintiff’s opening…