REDMON v. SALISBURY CO.

No. 39,911

178 Kan. 639 (1955)

290 P.2d 809

ALVIN P. REDMON, doing business as Redmon Truck Lines and THE KANSAS CITY FIRE AND MARINE INSURANCE COMPANY, a Corporation, Appellants, v. M.B. SALISBURY COMPANY, INC., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed December 10, 1955.


Attorney(s) appearing for the Case

C.K. Sayler, of Topeka, and Alvin C. Randall, of Kansas City, Missouri, argued the cause, and L.M. Ascough and John A. Bausch, both of Topeka, and William S. Hogsett, Hale Houts and Jesse D. James, all of Kansas City, Missouri, were with them on the briefs for the appellants.

Charles S. Fisher, Jr., of Topeka, argued the cause, and T. M. Lillard, O.B. Eidson, P.H. Lewis, J.W. Porter and Sidney C. Hunt, all of Topeka, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This appeal is from an order sustaining a demurrer to an amended petition.

Briefly, the facts disclosed by the amended petition (hereafter referred to as the petition) are as follow:

In April, 1952, plaintiff Redmon purchased a new six-ton semi-trailer. At about the same time one Allen purchased a White tractor truck, and shortly thereafter took the truck to defendant for the purpose of having...

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