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BEITZ v. HEREFORD

No. 37,865

169 Kan. 556 (1950)

220 P.2d 135

W.E. BEITZ, Appellee, v. (C.B. HEREFORD, R.T. HEREFORD, EMERSON A. RICH and FRED FISH, Defendants) C.B. HEREFORD and R.T. HEREFORD, Appellants.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

T.F. Railsback, of Kansas City, argued the cause, and James W. Putnam, of Emporia, was with him on the briefs for the appellants.

Samuel Mellinger, of Emporia, and O.R. Stites, of Oklahoma City, Okla., argued the cause, and were on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action to recover damages for personal injuries. Plaintiff prevailed and defendants appeal.

Appellants, C.B. Hereford and R.T. Hereford, his son, were partners doing business as The Hereford Motor Company. They were engaged in the business of selling and repairing motor vehicles in a building located on the southeast corner of the intersection of Seventh and Merchant streets in the city...

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