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BOMUD CO. v. YOCKEY OIL CO.

No. 40,202

180 Kan. 109 (1956)

299 P.2d 72

THE BOMUD COMPANY, a Corporation, Appellant, v. YOCKEY OIL COMPANY, INC., a Corporation, and R.B. OSBORN, Appellees.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

T. Hillas Eskridge, of Tulsa, Oklahoma, argued the cause, and Marvin E. Thompson, George W. Holland and Clifford R. Holland, Jr., of Russell, and Bradford J. Williams, Fenelon Boesche, Richard B. McDermott and Franklin D. Hettinger, of Tulsa, Oklahoma, were with him on the briefs for the appellant.

D.A. Hindman, of Stockton, argued the cause, and Stanley Krysl, of Stockton, was with him on the briefs for the appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover money from Yockey Oil Company, Inc., upon its open account, and from R.B. Osborn upon a written contract entered into with plaintiff March 30, 1951. Yockey Oil Company, Inc., contended that the statute of limitations barred recovery against it; Osborn contended that pursuant to his contract he was a guarantor for the principal debtor, Yockey Oil Company, Inc., and that since...

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