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FORSTER v. NEWBY

No. 40,100

179 Kan. 709 (1956)

298 P.2d 258

T.E. FORSTER doing business as FORSTER MANUFACTURING COMPANY, Appellant, v. EVA NEWBY, Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Payne H. Ratner, of Wichita, argued the cause, and Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Ray A. Overpeck, Bernard V. Borst, H.K. Greenleaf, Jr. and D. Clifford Allison, all of Wichita, were with him on the briefs for the appellant.

Chas. Vance, of Liberal, argued the cause, and D.B. Lang and James W. Wallace, both of Scott City, and H. Hobble, Jr. and Chester A. Nordling, both of Liberal, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action on a building contract for the recovery of money and to foreclose a mechanic's lien. Plaintiff has appealed from an order sustaining a demurrer to his amended petition.

The facts, as alleged in the amended petition, appear to be as follows:

On February 3, 1954, plaintiff and defendant entered into a written contract whereby plaintiff was to construct a grain elevator for...

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