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SULLIVAN v. PARAMOUNT FILM DISTRIBUTING CORP.

Nos. 37,768 and 37,769

168 Kan. 524 (1950)

213 P.2d 959

O.F. SULLIVAN, Appellee, v. PARAMOUNT FILM DISTRIBUTING CORPORATION, Appellant (R.M. Copeland, Defendant).

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Homer V. Gooing, of Wichita, argued the cause, and Howard T. Fleeson, Wayne Coulson, Paul R. Kitch, Dale M. Stucky and Donald R. Newkirk, of Wichita, were with him on the briefs for appellant.

Ray H. Tinder, of Wichita, argued the cause, and W.A. Kahrs and Robert H. Nelson, of Wichita, were with him on the briefs for appellee.

The opinion of the court was delivered by

PRICE, J.:

Each of these two actions, identical in title and all other material respects, was brought for the alleged breach of contract to deliver a motion picture film for exhibition. The question involved in each case is the same and they have been consolidated on appeal.

This is the third appearance of this consolidated appeal in this court and for a statement...

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