GRANNELL v. WAKEFIELD

No. 37,851

169 Kan. 183 (1950)

217 P.2d 1059

TOM GRANNELL, Appellee, v. EARL F. WAKEFIELD, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1950.


Attorney(s) appearing for the Case

J.B. McKay, of El Dorado, and D. Arthur Walker, of Arkansas City, argued the cause, and Clem H. Silvers and James B. McKay, Jr., both of El Dorado, and W.L. Cunningham, Wm. E. Cunningham and William R. Howard, all of Arkansas City, were with him on the briefs for the appellant.

Harry O. Janicke, of Winfield, argued the cause, and John A. Herlocker, of Winfield, was with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, J.:

This was an action to recover money and for an accounting. The defendant's demurrer to plaintiff's petition was overruled and the defendant has appealed.

The demurrer was directed at the amended petition. On account of the argument made by the defendant, however, attention will first be paid to the original petition.

After stating the residence of the parties, the petition alleged the defendant...

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