Neale Constr. Co. v. Topeka Township Sewer Dist. No. 1

The opinion of the court was delivered by This action, to recover an unpaid balance alleged to
[178 Kan. 360]
be due and payable under its terms, is founded on a unit price
contract entered into between the plaintiff and the defendant
Sewage District for the construction of a sewer line. With issues
joined on all questions relating to liability of the parties,
under pleadings consisting of the plaintiff's petition, the
defendant's answer and the plaintiff's reply, all as finally
amended, the cause came on for trial by the district court where
defendant's motion for judgment on plaintiff's opening statement
was ultimately sustained. Thereafter a judgment was rendered
against plaintiff on such opening statement. However, because
defendant had theretofore confessed judgment in its answer for
the sum of $2,861.55 the trial court gave plaintiff judgment for
that amount. The appeal is from the order sustaining the motion
for judgment on the opening statement, the judgment as rendered,
and from an order overruling a motion for a new trial.