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ACKERMAN v. TUDOR

No. 39,660

178 Kan. 290 (1955)

286 P.2d 178

JESSE W. ACKERMAN and W.D. SWINNEY, doing business as ACKERMAN-SWINNEY HEATING COMPANY, Plaintiffs, v. THOMAS C. TUDOR, JR., et al., THE ANCHOR SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellee, and C.F. VAN PATTEN and D.F. VAN PATTEN, Appellants, Defendants.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Albert O. Kiesow, and Clyde E. Milligan, both of Kansas City, argued the cause, and were on the brief for the appellants.

James W. Hodam, and D. William Overton, both of Kansas City, argued the cause, and were on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This action, as originally commenced, was for the foreclosure of a mechanic's lien. The present appeal involves only liabilities as between the defendants Van Patten and The Anchor Savings and Loan Association, as later set forth.

In a preliminary way it may be stated that the defendant Thomas C. Tudor, Jr., owner of certain real estate in Kansas City,...

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