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MILLER v. BROCE-O'DELL CONCRETE PRODUCTS

No. 40,665

182 Kan. 77 (1957)

318 P.2d 1072

ERVIN G. MILLER, Plaintiff-Appellee, v. BROCE-O'DELL CONCRETE PRODUCTS, INC.; C.H. CHALMERS and J.T. BORTON, a partnership, d/b/a Chalmers-Borton Contractors; THE DODGE CITY CO-OPERATIVE EXCHANGE, Defendant, CHALMERS-BORTON CONTRACTORS, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

George R. Gould, of Dodge City, argued the cause, and George Gould, Jr., and Bradley Post, both of Dodge City, were with him on the briefs for the appellant.

Keith M. Wilcox, of Sublette, argued the cause, and Winston W. Wolvington, of Denver, Colo., was with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by one of the defendants in an action for negligence from an order of the trial court overruling defendant's demurrer to plaintiff's petition and first amended petition. For clarity, we shall refer to Chalmers-Borton Contractors singly as the defendant because the partnership of C.H. Chalmers and J.T. Borton, doing business as Chalmers-Borton Contractors, is the only appealing party notwithstanding...

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