Bennett v. City of Kansas City

The opinion of the court was delivered by

Smith, J.:

This is an action on a written contract. Judgment was for plaintiffs overruling defendant’s demurrer. The defendant has appealed.

*235The petition, after the formal allegations, alleged that the defendant city had entered into a written contract with plaintiffs whereby it hired them to demolish an old viaduct and construct a new one; that a controversy arose between defendant city and certain railroads so the railroads refused to grant the contractor access over the ground under the viaduct and hence delayed his operations for 115 days; that there…