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ANDERSON v. REXROAD

No. 39,228

175 Kan. 676 (1954)

266 P.2d 320

ANNA C. ANDERSON and JO ANN BREWER, Appellants, v. L.W. REXROAD and J.M. REXROAD, a Co-Partnership doing business as L.W. REXROAD AND SON, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Drew Hartnett, of Salina, argued the cause, and L.O. Bengtson, of Salina, was with him on the briefs for the appellants.

James P. Mize, of Salina, argued the cause, and C.L. Clark and Tom Lillard, Jr., both of Salina, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

The plaintiffs brought this action as third party donee beneficiaries upon a contractual obligation alleged to have been assumed by the defendants under the terms of a contract with the City of Assaria, Kansas, wherein the defendants undertook the construction of certain street improvements, during the performance of which plaintiffs' house and personal property were totally consumed by fire. Following...

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