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COLAHAN v. HERL

No. 37,673

168 Kan. 130 (1949)

210 P.2d 1005

TOM COLAHAN, Appellant, v. FRANK J. HERL, Appellee.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

D.A. Hindman, of Stockton, argued the cause, and F.F. Wasinger, of Hays, was with him on the briefs for the appellant.

N.W. Jeter, of Hays, argued the cause, and E.J. Malone, of Hays, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was a replevin action for eighty-four head of cattle, forty-two cows and forty-two calves. After the issues were joined on the petition and the answer and the cross petition of the defendant and a trial thereon, judgment was entered for the defendant for the expense of feeding the cattle. Plaintiff has appealed.

The petition alleged a contract for the purchase of the cattle for $8,000, the delivery...

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