City of McPherson v. Stucker

The opinion of the court was delivered by

Hopkins, J.:

The action was one for damages for failure of the •defendants to waterproof a concrete standpipe erected by them under contract with the plaintiff. A demurrer to plaintiff’s evidence was sustained and plaintiff appeals.

The facts are substantially these:

Sometime prior to July, 1921, the city of McPherson decided to build a water tower, 110 feet high and 36 feet in diameter. It employed engineers who prepared plans and specifications which were ■complete except in the matter of waterproofing the tower.- The •specifications contained this…