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HARRINGTON v. PROPULSION ENGINE CORP.

No. 38,567

172 Kan. 574 (1952)

241 P.2d 733

J.J. HARRINGTON, JR., N.C. CLAUSONTHUE and SELIM N. TIDEMAN, JR., partners, doing business under the firm name and style of J.J. HARRINGTON & CO., Appellees, v. THE PROPULSION ENGINE CORPORATION, a corporation, HERMAN B. MEYER and ROBERT F. MEYER, Appellants.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

J.O. Emerson, of Kansas City, argued the cause, and Edw. M. Boddington and Edward M. Boddington, Jr., both of Kansas City, Eugene A. Weinberg, of Chicago, Ill., and Prosper Reiter, Jr., of San Jose, Cal., were with him on the briefs for the appellants.

Leonard O. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder and Lee E. Weeks, all of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover a broker's commission under a written contract. Plaintiffs prevailed and defendants have appealed. Plaintiffs have cross-appealed from a ruling denying their recovery of the full amount which they sought to recover.

In their petition plaintiffs alleged their status as partners engaged in the sale of industrial properties and...

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