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COMMERCIAL CREDIT CORPORATION v. KEMP

No. 39,386

176 Kan. 350 (1954)

270 P.2d 209

COMMERCIAL CREDIT CORPORATION, Appellant, v. WALTER E. KEMP and THE McPHERSON & CITIZENS STATE BANK OF McPHERSON, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

D.E. Watson, of Salina, argued the cause and was on the briefs for the appellant.

George R. Lehmberg, of McPherson, argued the cause, and J. R. Rhoades, of McPherson, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is a replevin action to recover possession of a Ford automobile or, in lieu thereof, the value of the car and damages. From a judgment adverse to it, plaintiff has appealed.

The case has been here previously in an appeal from an order sustaining defendant Kemp's demurrer to the petition (Commercial Credit Corporation v. Kemp, 174 Kan. 480,

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