HILL v. LAKE

No. 40,687

182 Kan. 127 (1957)

318 P.2d 1050

EZO HILL and LOUIS NEIDEN, As Partners Doing Business Under the Firm Name and Style of HILL AND NEIDEN IRON AND METAL COMPANY, Appellees, v. L.B. LAKE, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1957.


Attorney(s) appearing for the Case

N.J. Ward and Percy H. Collins, Jr., both of Belleville, were on the briefs for the appellant.

Frank G. Spurney and Louis B. Finkelstein, both of Belleville, were on the brief for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This action was one by plaintiffs (appellees) to recover the purchase price paid defendant (appellant) for certain metal sold by him and later discovered to be stolen property.

Plaintiffs' petition, in substance, alleged that defendant orally sold and delivered to them certain copper metal which they had purchased in good faith, without notice that defendant...

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