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MENG v. PENNER

No. 40,152

179 Kan. 789 (1956)

298 P.2d 246

ELLIS H. MENG, Appellee, v. HENRY PENNER, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Bert J. Vance, of Garden City, argued the cause, and C.E. Vance, and A.M. Fleming, both of Garden City, and Charles H. Fleming, of Scott City, were with him on the briefs for the appellant.

John Staley Holden, of Cimarron, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This appeal is from an order of the trial court overruling defendant's demurrer to plaintiff's second amended petition.

We shall continue to refer to the parties as plaintiff and defendant.

Defendant lodged a motion to make more definite and certain against the original petition filed by plaintiff. Part of the motion was sustained and the balance was overruled. Plaintiff filed an amended petition...

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