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POTTS v. LUX

No. 37,620

168 Kan. 387 (1950)

214 P.2d 277

HARRY W. POTTS (revived in the name of Ila Belle Potts and John H. Potts, executors of the last will and testament of Harry W. Potts, deceased), Appellees and Cross-Appellants, v. S.E. LUX, JR., Appellant and Cross-Appellee, RALPH T. McKNAUGHT and GEORGE LISTZ, Defendants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Tinkham Veale, of Topeka, argued the cause, and was on the briefs for the appellant.

John S. Dean, Jr., of Topeka, argued the cause, and Randal C. Harvey, of Topeka, was with him on the briefs for the appellees and cross-appellants.

The opinion of the court was delivered by

SMITH, J.:

This was an action for an accounting and for money. Judgment was for the plaintiffs on some items and for the defendant on some. The defendant has appealed and the plaintiffs have cross-appealed.

The petition stated four causes of action.

The petition for the first cause of action alleged that in 1929 Potts and Lux agreed to engage in the wholesale mercantile business as partners; that Lux...

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