KANSAS TURNPIKE AUTHORITY v. WATSON

No. 42,025

189 Kan. 593 (1962)

371 P.2d 119

KANSAS TURNPIKE AUTHORITY, Appellant, v. M.W. WATSON, d/b/a M.W. Watson, General Contractor, Appellee.

Supreme Court of Kansas.

Opinion filed May 5, 1962.


Attorney(s) appearing for the Case

Bruce Works, of Topeka, and William P. Timmerman, of Wichita, argued the cause, and Dale Spiegel, of Emporia, was with them on the briefs for the appellant.

Herbert A. Marshall, of Topeka, argued the cause, and Allen Meyers, and Doral H. Hawks, both of Topeka, were with him on the briefs for the appellee.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the Kansas Turnpike Authority, plaintiff below, from the orders of the trial court sustaining defendant's demurrer and overruling defendant's objection to plaintiff's evidence, as well as from the judgment in favor of the defendant and the order overruling plaintiff's motion for new trial.

This action commenced by the authority against Watson was based purely upon a contract entered...

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