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DEAL LUMBER CO. v. VIEUX

Nos. 40,137, 40,151

179 Kan. 760 (1956)

298 P.2d 339

THE T.M. DEAL LUMBER COMPANY, a Corporation, Appellee, v. FRED R. VIEUX and VIRGINIA VIEUX, Appellants, and THE PRAIRIE STATE BANK, a Corporation; LAWRENCE KNEBLER and THE EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellees. THE T.M. DEAL LUMBER COMPANY, a Corporation, Appellee, v. FRED R. VIEUX and VIRGINIA VIEUX, Appellants, and THE PRAIRIE STATE BANK, a Corporation; LAWRENCE KNEBLER and THE EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Frantz G. Loriaux, of Augusta, argued the cause and was on the briefs for appellants.

O.J. Connell, Jr., of El Dorado, and William Tinker, of Wichita, argued the cause, and Getto McDonald, Arthur W. Skaer, Hugh P. Quinn and William Porter, all of Wichita, were with them on the briefs for appellee, The T.M. Deal Lumber Company, a Corporation. Morris Moon, of Augusta, was on the briefs for appellee, The Prairie State Bank, a Corporation. M.F. Litras of El Dorado, argued the cause and was on the briefs for appellee, Lawrence Knebler.

The opinion of the court was delivered by

FATZER, J.:

Two appeals are before us arising out of the following: Defendants Fred R. and Virginia Vieux commenced the construction of a house in Augusta, Kansas, and purchased lumber and materials from plaintiff, The T.M. Deal Lumber Company; the labor and construction (in a large part) was performed by defendant Lawrence Knebler. Difficulties arose as to the payment of labor and materials as a result of which plaintiff...

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