MYERS v. FLEETWOOD FARMS, INC.

No. 39,399

176 Kan. 515 (1954)

271 P.2d 263

HOWARD C. MYERS, Appellee, v. FLEETWOOD FARMS, INC., Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1954.


Attorney(s) appearing for the Case

Philip E. Buzick, of Topeka, argued the cause, and James A. McClure, Robert L. Webb, Ralph W. Oman, Robert A. McClure and James D. Waugh, all of Topeka, were with him on the briefs for the appellant.

William Hergenreter, of Topeka, argued the cause, and Wendell L. Garlinghouse and Warren W. Shaw, both of Topeka, and Victor Hergenreter, of Alma, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an action to reform a written cattle-feeding contract to conform to an alleged prior oral agreement between the parties, and to recover judgment for an alleged balance due under the contract as reformed. As a basis for reformation plaintiff alternatively alleges mutual mistake of the parties and fraud.

Defendant has appealed from an order overruling its demurrer to the amended petition.<...

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