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OSBORN v. WHEAT GROWERS MUTUAL HAIL INS. CO.

No. 39,076

175 Kan. 235 (1953)

263 P.2d 214

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

Supreme Court of Kansas.

Opinion filed November 7, 1953.

Attorney(s) appearing for the Case

Geo. R. Gould and George Gould, Jr., both of Dodge City, argued the cause and were on the briefs for the appellant and cross-appellee.

C.C. Linley, of Cimarron, argued the cause, and Merton Elliott, of Sublette, and Russell L. Hazzard, of Dodge City, were with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

PRICE, J.:

This is an action against a mutual hail insurance company to recover for hail damage to a growing crop of pinto beans. Recovery was originally sought under two causes of action. From an order overruling a demurrer to the second cause of action defendant appealed to this court. We reversed that ruling in Osborn v. Wheat Growers Mutual Hail Ins. Co., 172 Kan. 706, ...

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