The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-05-19
LEGAL.

LEGAL.
building firm which contracts with the
owner to complete the building, and agree
with such firm with the knowledge and
cooperation of the owner, to furnish labor
and material to complete the building.
their former liens being recognized by
such firm and owner, then upon abandon
ment of the work by such firm such ma
terial men may have liens for all the labor
and material furnished
4. when in such contract-to furnish
labor and material for the completion of
the building the material men agree not to
file liens on the assumption that certain
bond will be given by such firm as re-
quired by its contract with the owner, they
are not required to take notice of the fail
ure to give such bond, but on ascertaining
such failure may, file their liens, their
fulfillment of the contract to give such
bond.
struction of the building agreed with the
firm which contracted for its completion
to pay therefor certain bonds which were
to be, first lien on the property, and
agreed to that an existing mortgage
thereon should be released. When the ma
completion of the building they knew of
this provision. The owner and the holders
of the first bonds were aware and had
visual knowledge of the work of compile
ton and that the material men were put
ting their labor and material into the build
released. Held. that the trial court did
not err in giving the holders of such first
I II
third, and the material men concurrent
first liens for their respective claims.
6, While sub-contractor must take
notice of the contract between his prin-
cipal and the owner of the property. he is
not bound by all of its terms. neither is he
bound to know of its non fulfillment.
Z. While mechanics liens and the rights
hereunder are statutory, their foreclosure
and adjustment are not governed exclusive
ly by the rigid rules of law but to them
are also applied the familiar principles Of
equity;
its actual cost a profit of twenty per cent
thereof is not, in the absence of proof.
to be deemed unfair or unreasonable.
0. profit of twenty per cent that
portion of the material not furnished be-
contractor, cannot legally be allowed the
sub contractor.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The State of Kansas eX rel Joseph L.
Bristow, John NJ kinkel, and c. F. Foley:
as the Public Utilities Commission of
the State of Kansas, and II. o. Caster. At
torney for the said Public Utilities Com
mission, PLAINTIFFS,
John NJ Landon. Receiver for the Kansas
Natural Gas Company. The Olathe Gas
Company, Corporation, and The City
of Olathe, Kansas, Defendants.
Original Wrt Pr Proceed in Maadamus
Syllabus III By the Court fiui'io" West. 7
1. The receiver of the Kansas Natural
Gas Company and the Olathe Gas Com
pany have no right to change the rate.
schedule of charges, rules, regulations
practice pertaining to the supply of nat
ural gas to the patrons of the Olathe Gas
Company without the consent of the Pub
| lie Utilities Commission.
2 The suit recently decided by the
United States District Court for the district
of Kansas, while involving among other
things the validity of the contract under
which the Kansas Natural Gas Company
and the Olathe Gas Company have for
| several years been supplying the customers
of the latter company, has not yet resulted
\ in any decision as to the validity of such
contract jurisdiction having been express
| ly reserved over the issues involved which
are not covered by the recent decision.
Held, that a writ requiring the defendant
companies to continue according to the
terms of the contract until such contract
be duly and legally set aside super
seeded will issue unless within a time
named such consent to depart from the
terms thereof be obtained from the Pub
lie Utilities Commission.
3. Notwithstanding the decision in the
federal case referred to touching the in
terstate character of the business conducted
by the receiver adhere to the decision
in The State rel V. Flannelly, 90 Kan.
$40, 152 Pac. %. that when selling natural
gas to consumers thereof in this state the
| receiver is not engaged in interstate COM
merce.
All the justices concurring except Daw-
son, J., who did not sit.
true copy.
| Attest: d. A. VALENTINE,
| (Seal) Clerk Supreme Court.