WIMMER v. FILIZOLA

No. 38,123

170 Kan. 476 (1951)

226 P.2d 841

CHARLES E. WIMMER, Appellee, v. D. FILIZOLA, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1951.


Attorney(s) appearing for the Case

Walter B. Patterson, of Fort Scott, argued the cause and was on the briefs for the appellant.

James E. Lockwood, of Fort Scott argued the cause, and John L. Ibson, of Fort Scott, was with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This was an action to recover damages for breach of implied warranties on the part of defendant in failing to construct a frozen food locker plant in conformity with the terms of a construction contract.

The all decisive issue raised by the appeal is such that detailed allegations of the pleadings are of little consequence and would merely encumber our opinion. For that reason all pleadings will...

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