Carroll v. Bowersock
Supreme Court of Kansas
164 P. 143 (Kan. 1917)
Relevant factsFree
Carroll (plaintiff) contracted to build a new floor in Bowersock's (defendant's) warehouse and had removed the old floor, built concrete footings, erected temporary wooden columns, and installed reinforcing rods not yet fixed in place, when the warehouse was destroyed by an accidental fire before the work was finished. Carroll sued for his partial performance; the district court ruled in his favor, and Bowersock appealed.
IssueFree
Whether a contractor may recover for partial performance in constructing part of a building that is destroyed by accident before completion.