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TOPEKA MILL & ELEVATOR CO. v. TRIPLETT

No. 37,641

168 Kan. 428 (1950)

213 P.2d 964

TOPEKA MILL AND ELEVATOR COMPANY, a corporation, Appellee, v. CLAUDE H. TRIPLETT and M. ESTHER TRIPLETT, doing business as TRIPLETT LEGHORN FARM, Appellants.

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Jacob A. Dickinson, of Topeka, argued the cause, and Edward Rooney and David Prager, both of Topeka, were with him on the briefs for the appellants.

John S. Dean, Jr., of Topeka, argued the cause, and was on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This action originated as one to recover the balance due on an account for the sale of chicken feed. Defendants filed an answer and cross petition in which they denied owing the plaintiff and sought damages from plaintiff by reason of alleged false and fraudulent representations concerning the feed in the sum of $7,500.

On the trial defendants stipulated if they were indebted to plaintiff in any...

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