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CLARKSON v. FRIGIDMIST, INC.

No. 37,445

168 Kan. 197 (1949)

212 P.2d 214

EARL M. CLARKSON, Appellee, v. FRIGIDMIST, INC., a corporation, and WILLIAM G. STARTZ, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

W.H. Schwinn, of Wellington, and Payne H. Ratner, Charles F. McClintock, Richard B. Clausing and Louise Mattox, all of Wichita, were on the briefs for the appellants.

Bert E. Church, of Wellington, and W.L. Cunningham, D. Arthur Walker, William E. Cunningham and William R. Howard, all of Arkansas City, were on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an action to reform a contract for money and to declare a lien. Defendants' demurrer to the petition was overruled. They have appealed.

The petition alleged that plaintiff and defendant Startz formed a partnership in 1941 and by June 1, 1945, it had become prosperous; that plaintiff entered the navy February 7, 1945, and the partners discussed the matter of dissolving the partnership; that...

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