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NEALE CONSTR. CO. v. TOPEKA TOWNSHIP SEWER DIST. NO. 1

No. 39,817

178 Kan. 359 (1955)

285 P.2d 1086

NEALE CONSTRUCTION COMPANY, INC., a Corporation, Appellant, v. TOPEKA TOWNSHIP SEWAGE DISTRICT No. 1, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

C.K. Sayler, of Topeka, argued the cause, and L.M. Ascough, and John A. Bausch, both of Topeka, were with him on the briefs for the appellant.

Lester M. Goodell, of Topeka, argued the cause, and Walter T. Chaney, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This action, to recover an unpaid balance alleged to be due and payable under its terms, is founded on a unit price contract entered into between the plaintiff and the defendant Sewage District for the construction of a sewer line. With issues joined on all questions relating to liability of the parties, under pleadings consisting of the plaintiff's petition, the...

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