Carr v. Kendzora

The opinion of the court was delivered by

Price, J.:

This was an action to recover for the alleged breach of an oral contract.

Because of our disposition of the appeal, the allegations of the pleadings need be mentioned only briefly.

According to the petition, plaintiffs and defendant construction company entered into an oral agreement whereby defendant agreed to furnish the labor and materials and to construct the foundation of a house which plaintiffs were building in Wyandotte county. It was agreed that the construction of the foundation piers and footings was to be done by defendant in a…