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OSBORN v. WHEAT GROWERS MUTUAL HAIL INS. CO.

No. 38,584

172 Kan. 706 (1952)

242 P.2d 1084

G.H. OSBORN, Appellee, v. THE WHEAT GROWERS MUTUAL HAIL INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 12, 1952.

Attorney(s) appearing for the Case

C.C. Linley, of Cimarron, argued the cause, and Merton Elliott, of Sublette, was with him on the briefs for the appellant.

Geo. R. Gould, of Dodge City, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an action on a policy of insurance issued by a mutual hail insurance company organized under G.S. 1949, 40-1501, et seq. From the trial court's action in overruling defendant insurance company's demurrer to plaintiff's second cause of action, defendant appeals. Appellee will hereinafter be referred to as plaintiff and appellant as defendant or insurance company.

Plaintiff's petition...

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