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WING v. MID-CONTINENT SEEDS

No. 38,033

170 Kan. 242 (1950)

225 P.2d 78

WAYNE WING, Appellee, v. MID-CONTINENT SEEDS, INC., Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1950.

Attorney(s) appearing for the Case

James P. Mize, of Salina, argued the cause, and C.L. Clark and Jason K. Yordy, both of Salina, were with him on the briefs for the appellant.

John Q. Royce, of Salina, argued the cause, and LaRue Royce, E.S. Hampton, H.H. Dunham, Jr., and H.G. Engleman, all of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action wherein plaintiff sought recovery for the value of seed sold the defendant. From a judgment in favor of the plaintiff the defendant appeals.

The petition alleged that on January 19, 1949, the plaintiff sold defendant approximately 400 bags of Atlas Sorgo weighing 40,000 pounds, for $1,700, the sale being confirmed in a written document later mentioned; that on March 1, 1949, plaintiff...

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