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CORY v. TROTH

No. 37,963

170 Kan. 50 (1950)

223 P.2d 1008

CARL CORY and MABEL CORY, Appellants, v. D.B. TROTH, JR., and WILLIAM D. SMITH, Appellees.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

Arthur C. Hodgson, of Lyons, argued the cause, and was on the briefs for the appellants.

L.E. Quinlan, of Lyons, argued the cause, and Ben Jones, of Lyons, was with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

Plaintiffs appeal to this court from the ruling of the trial court sustaining a demurrer to a petition.

On June 14, 1948, the plaintiffs commenced an action to recover moneys from the defendants. Their amended petition contained two causes of action, only the first cause of action being involved in this appeal. It will be referred to hereafter as the petition.

For present purposes the allegations...

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