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BOWERSOCK MILLS & POWER CO. v. LEATHEROCK

No. 38,114

170 Kan. 455 (1951)

226 P.2d 854

BOWERSOCK MILLS AND POWER COMPANY, Appellee v. L.E. LEATHEROCK, D.S. JACKMAN, R.W. MAGILL, THE KANSAS MILLING COMPANY, and THE LAWRENCE MILLING COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

Clarence M. Gorrill, of Lawrence, and J.D. James, of Kansas City, Mo., argued the cause, and A.C. Trippe, of Kansas City, Mo., was with them on the briefs for the appellants.

John J. Riling, of Lawrence, argued the cause, and George K. Melvin, of Lawrence, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action by a lessor of a mill building, machinery and equipment to recover from the lessees an amount equivalent to what it cost to repair a motor which became unusable during the term of the lease.

A jury was waived and the action was tried by the court. The plaintiff, Bowersock Mills and Power Company, a corporation, recovered a judgment against D.S. Jackman and his associates, lessees...

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