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SCHINDLER v. ROSS

No. 40,714

182 Kan. 277 (1958)

320 P.2d 813

HENRY SCHINDLER, A.W. MOSHER, JACK BENEDICT and W.J. WINTER, Appellees, v. ELSIE ROSS, (THE COOPERATIVE REFINERY ASSOCIATION, a Corporation, Defendant), Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

Tweed W. Ross, of Beloit, argued the cause and was on the briefs for the appellant.

Wayne McCaslin, of Stockton, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

Plaintiffs, Henry Schindler, et al., commenced an action to recover money paid under mistake of fact against the defendants Elsie Ross and The Cooperative Refinery Association, a corporation, by filing a petition containing allegations which were sufficient to state a cause of action for that relief. Answers were filed by the defendants consisting of a general...

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