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WAGONER v. CITY OF HUTCHINSON

No. 37,809

169 Kan. 44 (1950)

216 P.2d 808

C.D. WAGONER, Appellee, v. THE CITY OF HUTCHINSON, Appellant.

Supreme Court of Kansas.

Opinion filed March 11, 1950.

Attorney(s) appearing for the Case

Max Wyman, special counsel, of Hutchinson, argued the cause, and Albert S. Teed, city attorney, and Eugene White, both of Hutchinson, were with him on the briefs for the appellant.

Walter F. Jones, of Hutchinson, and W.L. Cunningham, of Arkansas City, argued the cause, and J.N. Tincher, Clyde Raleigh, and J.N. Tincher, Jr., all of Hutchinson, and D. Arthur Walker, Wm. E. Cunningham, and William R. Howard, all of Arkansas City, were with them on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

On October 16, 1947, C.D. Wagoner brought this action in the district court of Reno county to recover a judgment against the city of Hutchinson in the sum of $23,750 with interest since October 20, 1944, basing his right to recovery upon a certain contract. The city demurred to the petition upon the ground that it states no cause of action against the city. This demurrer was heard by the court and overruled...

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