TERRELL v. READY MIXED CONCRETE CO.

No. 38,960

174 Kan. 633 (1953)

258 P.2d 275

HARRY E. TERRELL, Appellant, v. READY MIXED CONCRETE COMPANY OF KANSAS CITY, KANSAS, INC., a corporation; J.A. TOBIN CONSTRUCTION COMPANY, a corporation; and EARL SIMPSON, Appellees.

Supreme Court of Kansas.

Opinion filed June 6, 1953.


Attorney(s) appearing for the Case

Thomas E. Joyce, of Kansas City, argued the cause, and Edward M. Boddington, Sr., J.O. Emerson, Edward M. Boddington, Jr., Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins and Norma Braly, all of Kansas City, were with him on the briefs for the appellant.

T.F. Railsback, of Kansas City, argued the cause and was on the briefs for the appellees.


The opinion of the court was delivered by

THIELE, J.:

This was an action brought in the name of the plaintiff as later set forth. A demurrer to the petition was sustained and this appeal followed.

We limit our review of the petition to those allegations necessary to a discussion of the questions later set forth.

On March 3, 1952, a petition was filed, the first eight paragraphs setting forth the status of the parties and alleging that on January...

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