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MATTHEWS v. JACKSON

No. 39,260

176 Kan. 397 (1954)

271 P.2d 798

LAWRENCE MATTHEWS, SR. and LAWRENCE MATTHEWS, JR., Co-partners, doing business as LAWRENCE MATTHEWS & SON, Appellees, v. F.L. JACKSON, Trustee and Agent of the Newton Oil and Gas Company of Newton, Kansas, a Co-partnership; GILBERT SWANK, F.L. JACKSON, GUY M. HAZARD and THE CITIZENS STATE BANK OF EL DORADO, KANSAS; NEWTON OIL AND GAS COMPANY OF NEWTON, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

J. Wirth Sargent and James W. Sargent, both of Wichita, argued the cause, and W.D. Jochems, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, S.C. Durbin, J. Francis Hesse and Stanley E. Wisdom, all of Wichita, were with him on the briefs for the appellants.

Robert M. Bond, of El Dorado, argued the cause and L.J. Bond, of El Dorado, was with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover money on a written contract. Judgment was for plaintiffs. Defendants have appealed.

The action was by one partnership against another partnership and certain other individuals.

The petition alleged that plaintiffs' residence was Butler county, Kansas; that defendant Jackson was the agent of a partnership, the Newton Oil and Gas Company, whose address was Newton...

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