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STAUFFER v. CITY OF TOPEKA

No. 44,878

200 Kan. 287 (1968)

436 P.2d 980

W.H. STAUFFER, d/b/a W.H. STAUFFER CONSTRUCTION CO., Appellee, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1968.

Attorney(s) appearing for the Case

Gary A. Savaiano, Assistant City Attorney, argued the cause, and John W. Lewis, City Attorney, Donald S. Simons, William B. McCormick and William L. Harris, Jr., Assistant City Attorneys, were with him on the briefs for the appellant.

Louis F. Eisenbarth, of Topeka, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment against the City of Topeka in an action for damages resulting from the breach of a contract for construction of a storm sewer.

The facts are not in dispute.

On or about September 12, 1963, the plaintiff entered into a written contract with the defendant to construct a storm sewer from the Kansas River southward generally along Madison Avenue to a point...

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