31 Kan. 502 | Kan. | 1884
The opinion of the court was delivered by
Casper Baehler sued the Consolidated Ranch Company of Kansas City, to recover a balance which he claimed was due him for work, labor and materials furnished in the construction of a stone cellar, or silo, for the company. The case was tried by the court and a jury, and
None of the evidence introduced on the trial, nor any part of the instructions given by the court to the jury, has been brought to this court; but the parties have agreed, as shown
We think both parties were entitled to have the findings of the jury made more complete. The question as to the value of the silo was one of the most important questions of fact in the case. Indeed, it was the most important contested
We think, for the failure of the jury to make a full and definite finding with regard to the value of the silo, and for the failure of the court to require them to do so, the plaintiff was entitled to a new trial.
The judgment of the court below will be reversed, and the cause remanded for a new trial.