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OWENS v. CITY OF BARTLETT

No. 47,488

215 Kan. 840 (1974)

528 P.2d 1235

ALBERT OWENS, d/b/a OWENS PLUMBING AND HEATING, Parsons, Kansas, Appellee, v. CITY OF BARTLETT, Labette County, Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Richard C. Dearth, of Jones and Dearth, Chartered, of Parsons, argued the cause and was on the brief for the appellant.

John B. Markham, of Parsons, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

An action was brought by the plaintiff, Albert Owens, to recover a balance due on a construction contract awarded to him by the City of Bartlett. The contract was for a water distribution system and the contract price was $21,303.00 to be paid in periodic payments as the work progressed. Suit was brought after completion of the project to recover a balance due of $2,751.30. Judgment for the amount claimed...

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