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SULLIVAN v. SPROULE

No. 39,330

176 Kan. 274 (1954)

269 P.2d 1015

O.F. SULLIVAN, Appellee, v. LEE J. SPROULE and E.G. FOY, Co-partners, doing business as FOY-SPROULE AMUSEMENT COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

I.H. Stearns, of Wichita, argued the cause, and E.P. Villepigue, and Leo R. Wetta, both of Wichita, were with him on the brief for the appellants.

Ferd E. Evans, Jr., of Wichita, argued the cause, and Lester L. Morris, Verne M. Laing, and Ralph R. Brock, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover a sum of money claimed to be due under the contract later mentioned. The defendants' demurrer to plaintiff's amended petition was overruled and they appeal.

Under date of February 28, 1945, the defendants, as parties of the first part, entered into a contract with plaintiff, as party of the second part, containing four "Whereas" clauses and thirteen "contractual"

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