Forster v. Fink

The opinion of the court was delivered by

Harman, C.:

Defendant-cross petitioner appeals from an adverse judgment rendered in an action brought by plaintiff for monies due on contract, defendant’s cross petition being one for damages for alleged breach of that contract.

The background of this controversy may be stated thus: Plaintiff manufactures and installs elevator equipment; defendant purchased and commenced operating two elevator buildings at Milan, Kansas, about May 1, 1959. Desiring to enlarge his storage capacity substantially defendant arranged for construction of a new storage steel…