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CHANEY v. LEFFINGWELL

No. 38,667

173 Kan. 195 (1952)

245 P.2d 180

ALBERT CHANEY and RALPH CHANEY, a Co-partnership doing business as The Western Fence Company, 2220 East Central Avenue, Wichita, Kansas, Appellants, v. E.C. LEFFINGWELL, Moline, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed June 7, 1952.

Attorney(s) appearing for the Case

W. Jay Esco, of Wichita, argued the cause and Lloyd F. Cooper, of Wichita, and Hubert Horning, of Howard, were with him on the briefs for the appellants.

Otto R. Souders, of Wichita, and Laurence M. Turner, of Moline, argued the cause, and Clyde E. Souders and Robert W. Souders, both of Wichita, were with them on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action upon an open account for labor performed and merchandise furnished. Judgment was for the defendant on his cross petition. Plaintiffs have appealed.

The amended petition, upon which the case was tried, alleged the making of an oral contract, whereby the plaintiffs agreed to furnish labor and material to build a fence on defendant's farm. The petition alleged the wages defendant...

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