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Kansas Quality Const., Inc. v. Chiasson

SEPTEMBER 3, 1969.

KANSAS QUALITY CONSTRUCTION, INC., A CORPORATION, PLAINTIFF-APPELLEE, AND CROSS APPELLANT,

v.

MARSHALL CHIASSON, ROBERT O. EMRICK, WILLIAM A. BEERUP, INDIVIDUALLY AND AS CO-PARTNERS, DEFENDANTS-APPELLANTS AND CROSS APPELLEES.



Appeal from the Circuit Court of Morgan County; the Hon. PAUL C. VERTICCHIO, Judge, presiding. Affirmed in part, reversed in part and remanded.

SMITH, J.

Rehearing denied October 3, 1969.

Plaintiff, a Kansas corporation, is engaged in the business of building apartments. It purports to have the know-how to get things done. This necessarily includes preliminary assistance and advice just to get things off the ground — literally. Defendants conceived the idea of an apartment and had just the spot. Presumably lacking this know-how, they and plaintiff got together and the following emerged:

"1. . . .

"2. Owner (defendants) agrees to retain the services of builder (plaintiff) for the above project, said services to be as follows:

"a. Development of plat layout, to show building placement, total buildings, recreation area, parking, etc.

"b. On approval of area plat by both owner and city, builder will cause plans of proposed buildings to be drawn, for loan submission.

"c. Assist owner in obtaining adequate financing for completion of project, through first and secondary financing.

"d. Erect apartment buildings on owner's ground in accordance with approved plans and specifications.

"3. Owner agrees to contract with builder to erect all buildings built at the above location, on a turn key basis, as services outlined in paragraphs 2a, b, c and d are performed.

"4. . . .

"5. Cost of the project shall be quoted as a `not to exceed figure,' but in an amount not more than the proceeds from available financing, first and secondary financing. . . .

". . . In the event owner contracts with a builder other than this company for buildings at the above location it is expressly understood by and between the parties to this agreement that builder shall be due a fee in ...


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