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Carroll v. Bowersock
Supreme Court of Kansas
164 P. 143 (Kan. 1917)
Plaintiff contracted to construct a new floor in the defendant’s warehouse. He partially performed by removing the old floor, constructing concrete footings and temporary wooden columns where concrete columns were to go, and constructing reinforcing upright rods tied together within these columns and to be held in place eventually by concrete. The warehouse was then completely destroyed by fire through no fault of either party. The plaintiff brought suit to recover for his part performance prior to the fire. The district court found in his favor and the defendant appealed.
Rule of Law
Holding and Reasoning (Burch, J.)
Dissent (Johnston, C.J.)
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