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GILLEN v. STANGLE

No. 39,035

175 Kan. 364 (1953)

264 P.2d 1079

LES GILLEN, an individual, doing business as GILLEN LUMBER COMPANY, Appellee, v. L.W. STANGLE and C.M. KNOTT, a Partnership, doing business under the style and firm name of STANGLE & KNOTT, C.M. KNOTT, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Earl C. Moore, of Wichita, argued the cause, and Otto J. Koerner, of Wichita, was with him on the briefs for the appellant.

John H. Gerety, of Wichita, argued the cause, and Sidney L. Foulston, Enos E. Hook, and Sidney L. Foulston, Jr., all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to recover on a verified account for lumber and other material furnished by plaintiff to defendant. Plaintiff prevailed and defendant appeals.

Plaintiff alleged in his amended petition that he was doing business under the name of Gillen Lumber Company; that the defendants were partners in the building business, operating under the name...

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