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MATHIS v. PUBLIC SCHOOL DISTRICT NO. 103

No. 39,127

175 Kan. 453 (1953)

264 P.2d 1082

I.M. MATHIS, Appellee, v. PUBLIC SCHOOL DISTRICT No. 103, JOHNSON COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Roy S. Lowe, George A. Lowe, and Roy Goins Lowe, all of Olathe, were on the briefs for the appellant.

Robert E. Fabian, of Kansas City, argued the cause, and John E. Blake, Bill E. Fabian, and Lawrence Cunningham, all of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is an action to recover the balance claimed to be due a contractor for the digging and construction of a water well for a school district. Plaintiff recovered and the defendant appeals.

A preliminary review of the events giving rise to the lawsuit is necessary in order to insure a proper understanding of the issues involved on appellate review. This, based on facts about which

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