Kiewit & Sons' Co. v. State Highway Comm‪.‬

The opinion of the court was delivered by This is an action to recover damages for breach of a written
contract between the plaintiff and the defendant. The action arises out of a public works contract for
construction of an Access Defense Project in the City of Wichita.
Originally, it was commenced by the plaintiff, Peter Kiewit
Sons' Company, a corporation, against the State Highway
Commission of the State of Kansas and the city of Wichita, as
defendants, in the District Court of Shawnee County. Summons was
duly issued and served on the defendants. Thereafter the City
moved to quash service of summons on the ground it was a
municipal corporation and subject to suit only in Sedgwick
County, where it was situated. This motion was sustained.
Following this action plaintiff filed an amended petition against
the Commission only. Subsequently the Commission demurred to such
pleading on the ground it failed to state facts sufficient to
constitute a cause of action in favor of plaintiff and against
it. Its demurrer was overruled. Thereupon the Commission filed an
answer. Plaintiff then moved to strike certain allegations from
that pleading. When this motion was
[184 Kan. 738]