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SMITH v. LaFORGE

Nos. 38,169, 38,170

170 Kan. 677 (1951)

228 P.2d 509

HARRY SMITH, doing business as PARSONS LIVESTOCK COMMISSION COMPANY, Appellant, v. GUSSIE LaFORGE, HARVEY MAXWELL, doing business as MIDWEST LIVESTOCK COMMISSION COMPANY, and NEW YORK CASUALTY COMPANY, Appellees. HARRY SMITH, doing business as PARSONS LIVESTOCK COMMISSION COMPANY, Appellant, v. GUSSIE LaFORGE and NEW AMSTERDAM CASUALTY COMPANY, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

In case No. 38,169, Earl Bohannon, of Parsons, argued the cause, and J. Logan Shuss, of Parsons, was with him on the briefs for the appellant.

Jack L. Goodrich, of Parsons, argued the cause, and L.E. Goodrich, of Parsons, was with him on the briefs for the appellee, Gussie LaForge; T.D. Hampson, of Fredonia, argued the cause and was on the briefs for the appellees, Harvey Maxwell and New York Casualty Company.

In case No. 38,170, Earl Bohannon, of Parsons, argued the cause, and J. Logan Shuss, of Parsons, was with him on the briefs for the appellant.

John B. Markham, of Parsons, argued the cause, and Henry W. Buck and William A. Rundle, Jr., both of Kansas City, Mo., were with him on the briefs for the appellee, New Amsterdam Casualty Company; L.E. Goodrich, of Parson, was on the briefs for the appellee, Gussie LaForge; Morrison, Hecker, Buck, Cozad & Rogers, Kansas City, Mo., of counsel; and Columbia, Markham & Smith, Parsons, of counsel.

The opinion of the court was delivered by

PRICE, J.:

These two consolidated appeals arise out of actions brought by appellant (plaintiff below) to recover the purchase price of certain livestock sold by plaintiff to defendant LaForge, and involve the question of the statute of limitations. The over-all question in each case is the same.

In case No. 38,169, the livestock in question was purchased on February 19, 1946, and the action was commenced February...

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