RECORD CORPORATION OF AMERICA v. IRWIN

No. 40,036

179 Kan. 546 (1956)

297 P.2d 209

RECORD CORPORATION OF AMERICA, Appellee, v. W.H. IRWIN, doing business as IRWIN'S DISTRIBUTING CO., Appellant.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

Pat Warnick, of Wichita, argued the cause and Alan B. Phares, William C. Norton and H.E. Pat Healy, all of Wichita, were with him on the briefs for the appellant.

John E. Hurley, of Wichita, argued the cause and Julian E. Ralston, of Wichita, was with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, C.J.:

This was an action for money for goods delivered. Judgment was for plaintiff. Defendant has appealed.

In the petition the plaintiff alleged the shipment of records to defendant, the payment for only a part and that $1,214.81 was still due.

A motion to make definite and certain and to strike, also a demurrer, were overruled.

The defendant answered denying the correctness of the account...

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