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BENNETT v. CITY OF KANSAS CITY

No. 39,554

177 Kan. 234 (1954)

277 P.2d 649

GEORGE BENNETT, et al., Appellees, v. THE CITY OF KANSAS CITY, KANSAS, A Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1954.

Attorney(s) appearing for the Case

C.W. Brenneisen, Jr., City Attorney, Kansas City, Kansas, argued the cause and William H. Towers, James J. Lysaught, and John J. Ziegelmeyer, all Deputy City Attorneys, of Kansas City, Kansas, were with him on the briefs for the appellant.

T.F. Railsback, of Kansas City, was on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This is an action on a written contract. Judgment was for plaintiffs overruling defendant's demurrer. The defendant has appealed.

The petition, after the formal allegations, alleged that the defendant city had entered into a written contract with plaintiffs whereby it hired them to demolish an old viaduct and construct a new one; that a controversy arose...

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