John Ritchie & Sons v. City of Wichita

The opinion -of the court was delivered by

Dawson, J.;

On February 27, 1911, the city of Wichita awarded a contract to the plaintiffs for the paving of a street with vitrified brick. The contract provided that the plaintiffs should furnish the materials and do certain grading and excavation work. The improvement was to be under the supervision of the city engineer, and payments for eighty-five per cent of the work done were to be made every thirty days upon the engineer’s estimates. Work was to begin within thirty days and completed by July 1 of that year. Another contract between the same…