Master Builders Ass'n v. Carson

The opinion of the court was delivered by

Smith, J.:

The action was brought to collect the amount of money which defendant had agreed to pay plaintiff in case defendant should be awarded the contract to build a certain schoolhouse. A demurrer to the petition was sustained. Plaintiff appeals.

The facts are that defendant entered into a contract with several other contractors who were about to bid for the contract to'build a schoolhouse in Cherryvale, and with plaintiff association. The pertinent part of the contract was as follows:

“We, the undersigned, being general building contractors, bidding…