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MEHL v. CARTER

Nos. 37,725, 37,724

168 Kan. 342 (1949)

212 P.2d 227

OSCAR E. MEHL and GEORGE E. MEHL, doing business as Mehl Bros. Sheet Metal Works, Appellees, v. ORVIL W. CARTER, doing business as Carter Auto and Electric Supply, Appellant. and HARRY M. BOYD and IRENE BOYD, F.G. MORRIS and BELVA MORRIS, doing business as Downtown Pontiac, Appellees, v. ORVIL W. CARTER, doing business as Carter Auto and Electric Supply, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

Jay W. Scovel, of Independence, and A.R. Lamb, of Coffeyville, argued the cause, and Clement A. Reed, of Coffeyville, was with them on the briefs for the appellant.

John F. O'Brien, of Independence, argued the cause, and John W. Hudson and Harold J. Toner, both of Kansas City, Mo., and O.L. O'Brien, of Independence, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

While these cases were presented together in the trial court and consolidated and heard together here, we think it best to deal first with case No. 37,725. The legal question presented by the appeal pertains to the right of plaintiffs to maintain the action as the real parties in interest and arose as follows:

In their second amended petition plaintiffs alleged that on February 5, 1948, and for...

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