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LUNDRY v. WOODEN

No. 39,649

178 Kan. 179 (1955)

284 P.2d 586

WAYNE LUNDRY, Appellant, v. WALTER W. WOODEN and EDWIN W. JAMES, Appellees.

Supreme Court of Kansas.

Opinion filed June 11, 1955.

Attorney(s) appearing for the Case

Charles S. Fisher, Jr., of Topeka, argued the cause and George Allred, of Emporia, and Thomas M. Lillard, O.B. Eidson, Philip H. Lewis and James W. Porter, all of Topeka, were with him on the briefs for the appellant.

Harry Snyder, Jr., of Topeka, argued the cause and Walter T. Chaney, of Topeka, was with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been incurred when plaintiff was evicted from a building he was occupying as the alleged lessee of defendants. The appeal is from an order sustaining defendants' demurrer to plaintiff's third amended petition.

After alleging the residence of the parties, the petition alleged that on February 1, 1949, plaintiff...

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