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AMINO BROTHERS CO. INC. v. TWIN CANEY WATERSHED DISTRICT

No. 45,813

206 Kan. 68 (1970)

476 P.2d 228

AMINO BROTHERS COMPANY, INC., Appellant, v. TWIN CANEY WATERSHED (JOINT) DISTRICT No. 34 of CHAUTAUQUA, MONTGOMERY, AND ELK COUNTIES, KANSAS, and QUIVIRA COUNCIL, BOY SCOUTS OF AMERICA, Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

John A. Biersmith, of Biersmith and Walsh, of Kansas City, Mo., argued the cause, and Dana B. Badgerow, of the same firm, and John M. Wall, of Sedan, were with him on the brief for the appellant.

Phillip Mellor, of Wichita, argued the cause and was on the brief for appellee Quivira Council, Boy Scouts of America.

Gary House, of Robbins and House, of Sedan, argued the cause and was on the brief for appellee Twin Caney Watershed.

The opinion of the court was delivered by

HARMAN, C.:

This is an action upon a construction contract for recovery of money for extra work performed. Defendants prevailed upon the theory of accord and satisfaction and plaintiff has appealed.

The facts may be briefly stated.

Appellant, Amino Brothers Company, Inc., entered into a written contract with appellee watershed district whereby appellant was to construct an earthen multiple-purpose watershed...

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