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FRUIT v. STACY

No. 37,786

168 Kan. 632 (1950)

215 P.2d 140

LEO FRUIT, Appellee and Cross-appellant, v. CARL STACY, doing business as Stacy Motor Company, Appellant, and Cross-appellee.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Perry Owsley, of Pittsburg, argued the cause, and was on the briefs for appellant and cross-appellee.

Charles W. Hill, of Pittsburg, argued the cause, and Simeon Webb, of Pittsburg, was with him on the briefs for appellee and cross-appellant.

The opinion of the court was delivered by

PRICE, J.:

The principal appeal in this case is from an order overruling a demurrer to plaintiff's amended petition in an action brought to recover damages on account of defendant's alleged fraud and deceit in the sale of an automobile to plaintiff.

The essential allegations of plaintiff's original petition, which was filed January 26, 1949, are that the defendant is engaged in the business of buying and selling...

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