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eBook details

• Title: Risken v. United States.
• Author : United States Court of Appeals Eighth Circuit.
• Release Date : January 10, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Plaintiff-appellant made a contract, in writing, with defendant on June 14, 1950, for the installation of a mastical heavy duty trucking floor in the building occupied by plaintiff in Kansas City, Kansas. Defendant engaged a subcontractor to install the floor.The subcontractor commenced laying the floor on June 30, 1950. This type of floor was supposed to dry quickly and it was anticipated that it could be used within 48 hours. It did not dry as quickly as expected. The subcontractor claimed that was because plaintiff would not permit the building to be opened (it was air conditioned) to permit proper drying. But for reasons which will become obvious, the reason for it not drying is not an issue on this appeal. Plaintiffs president, Mr. Shafton, inspected the floor on the morning of July 5, 1950, in company with the president of defendant, Mr. Quinlan, and the subcontractor. The possibility and probability of the floor setting up or drying was discussed. No conclusion was reached and the parties agreed to inspect it again the following morning. When that inspection was made it was still not dry. Mr. Shafton was anxious to get the floor in a usable condition as soon as possible, because the business conducted in the building was being interrupted on account of the floor. He and Mr. Quinlan again discussed the possibility of it drying, but reached no conclusion. They discussed whether or not it would be advisable to remove the mastical floor and put down a different kind. As a result of this discussion, Mr. Krogsdale, an experienced man in that kind of work, was called in by Mr. Quinlan, whether at Mr. Quinlans suggestion of Mr. Shaftons is disputed. After some discussion with Mr. Krogsdale it was decided that Krogsdale should remove the mastical floor and put down a quick-drying concrete floor (an entirely different type). This was done and the new floor, completed on July 8, 1950, was accepted and used by plaintiff. Krogsdale submitted his bill to plaintiff and it was referred to defendant. Later, on September 28, 1950, Krogsdales bill was paid by plaintiff and the following receipt signed by Quinlan:

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