GREEN v. KAESLER-ALLEN LUMBER CO.

No. 44,592

197 Kan. 788 (1966)

420 P.2d 1019

LUCILLIE M. GREEN, Appellant, v. KAESLER-ALLEN LUMBER COMPANY, INC., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed December 10, 1966.


Attorney(s) appearing for the Case

Gerald L. Michaud, of Wichita, argued the cause, and Russell Cranmer, Orval L. Fisher, M. William Syrios and Kenneth L. Ingham, all of Wichita, were with him on the briefs for the appellant.

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, William R. Smith and Robert J. O'Connor, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment entered summarily on the trial court's own motion during a pretrial conference.

The plaintiff filed her petition which, omitting formal parts, stated:

"On the 19th day of August, 1964, plaintiff was a customer in the defendant's store and had purchased a gallon of paint. That while leaving said store and coming...

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