Kilbourne-Park Corporation v. Buckingham

Plaintiff sought recovery of an alleged balance due under a contract with defendant. Upon trial to the court, judgment was for plaintiff and defendant appeals.

The contract prepared by defendant’s attorney required that plaintiff, for the sum of $8,500, would complete all roadways as platted in the Ponderosa Subdivision.

Plaintiff proceeded to build roads upon subdivided lands belonging to defendant, and from time to time received payments from defendant as the work progressed until there remained an unpaid balance of some $3,000 which defendant refused to pay, claiming that all the roads…