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BIG CHIEF SALES CO., INC., v. LOWE

No. 39,626

178 Kan. 33 (1955)

283 P.2d 480

THE BIG CHIEF SALES COMPANY, INC., and THE BIG CHIEF MANUFACTURING COMPANY, INC., Appellants, v. F. WESLEY LOWE, Appellee.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

Percy H. Collins, Jr., of Belleville, argued the cause, and N.J. Ward, of Belleville, and F. Duane Roberts, of Hutchinson, were with him on the brief for the appellants.

Frank C. Baldwin, of Concordia, argued the cause, and Fred Emery, of Belleville, and Dean L. Gibson, of Concordia, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover on a contract for the erection of a building. The trial resulted in a judgment for plaintiffs for a sum less than that alleged to be due and plaintiffs have appealed.

Under date of December 20, 1951, the Big Chief Sales Company, hereafter called Sales Company, commenced an action against the defendant Lowe. We shall not detail intervening motions and pleadings, but...

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