D.M. WARD CONSTR. CO v. ELEC. CORP. OF KAN. CITY

No. 64,824

15 Kan. App. 2d 114 (1990)

803 P.2d 593

D.M. WARD CONSTRUCTION COMPANY, INC., et al., Appellant, v. ELECTRIC CORPORATION OF KANSAS CITY, Appellee.

Court of Appeals of Kansas.

Opinion filed December 28, 1990.


Attorney(s) appearing for the Case

Bruce Keplinger, of Payne & Jones, Chartered, of Overland Park, for appellant.

Patrick D. McAnany and Douglas M. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Lenexa, for appellee.

Before LARSON, P.J., DAVIS, J., and RICHARD W. WAHL, District Judge Retired, assigned.


Petition for review denied 248 Kan. 994 (1991).

WAHL, J.:

This is a contract dispute between Electric Corporation of Kansas City (Electric Corp.) and D.M. Ward Construction Co., Inc. (Ward). Ward appeals the trial court's judgment refusing to compel arbitration of this dispute and refusing to grant Ward a setoff from the judgment entered for Electric Corp.

In 1985, Ward, a general contractor, contracted with Distron, Inc., a division of Burger King...

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