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THOMPSON CONSTRUCTION CO. v. SCHROYER

No. 40,106

179 Kan. 720 (1956)

298 P.2d 239

THOMPSON CONSTRUCTION COMPANY, Appellant, v. JOHN E. SCHROYER, Appellee and Cross-appellant; SALINA CONCRETE PRODUCTS, INC., Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

H.G. Engleman, of Salina, argued the cause, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, C. Stanley Nelson and Jack N. Stewart, all of Salina, were with him on the briefs for appellant, and appellee Salina Concrete Products, Inc.

Ray McCombs, of Ness City, argued the cause and was on the briefs for appellee and cross-appellant John E. Shroyer.

The opinion of the court was delivered by

FATZER, J.:

This is an action to foreclose a mechanic's lien. The trial was by the court, which resulted in a judgment in favor of plaintiff for a sum less than that alleged to be due, and plaintiff has appealed. Defendant, John E. Schroyer, has cross-appealed from the judgment in favor of plaintiff, and from a judgment in favor of defendant, Salina Concrete Products, Inc...

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