City of Topeka v. Brooks
Supreme Court of Kansas
Appeals from Shawnee district court, divison No. 1; Alston W. Dana, judge.
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The city of Topeka recovered in this action a judgment for $19,231.97 against one member of a firm of contractors and the surety company for overpayments made upon a contract for the construction of a sewer. The defendants appeal.
The action originally was against G. W. Brooks and M. W. Gilmore, partners as Brooks & Gilmore, and their surety, and was commenced. October 1, 1907. The sewer had been completed in 1905. While the action was pending, Gilmore brought suit against the city to recover an amount due him upon an individual contract for…
2Cases cited10 opinions
- Meixell v. KirkpatrickSupreme Court of Kansas · 1883
- Edens v. FletcherSupreme Court of Kansas · 1908
- McMullen v. Winfield Building & Loan Ass'nSupreme Court of Kansas · 1902
- First National Bank v. WilliamsSupreme Court of Kansas · 1901
- Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
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3Cited by17 opinions
- Black v. MartinMontana Supreme Court · 1930
- Stueve v. American Honda Motors Co., Inc.District Court, D. Kansas · 1978
- Jacobson v. ParrillSupreme Court of Kansas · 1960
- Jacobsen v. WoernerSupreme Court of Kansas · 1939
- Sade v. HemstromSupreme Court of Kansas · 1970
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