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RALSTON v. MATHEW

No. 38,544

173 Kan. 550 (1952)

250 P.2d 841

ALTA MARY RALSTON, Appellant, v. PAUL MATHEW, H.E. STANLEY and NORTHWESTERN NATIONAL CASUALTY COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1952.

Attorney(s) appearing for the Case

Robert A. Coldsnow, of Wichita, argued the cause and Aubrey J. Bradley, of Wichita, was with him on the briefs for the appellant.

Robert H. Nelson, of Wichita, argued the cause and W.A. Kahrs, Clarence N. Holeman and Keith L. Wallis, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action upon an oral contract. Judgment was for the defendants sustaining their demurrer to plaintiff's petition. Plaintiff has appealed.

After the formal allegations, the petition alleged that defendant Mathew was the agent of Stanley, doing business as an adjustment company, and also the agent of the Northwestern Casualty Company; that plaintiff was injured by a fall down an unlighted...

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