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KIMEL, EXECUTOR, v. BRIGGS

No. 40,914

183 Kan. 315 (1958)

328 P.2d 746

DON KIMEL, Executor of the Estate of John Mertes, Deceased, and GLEN MASTIN, Appellants, v. D.J. BRIGGS, Appellee.

Supreme Court of Kansas.

Opinion filed July 7, 1958.

Attorney(s) appearing for the Case

Vincent L. Bogart, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, John W. Brimer, and Harry L. Hobson, all of Wichita, were with him on the briefs for appellants.

Appellee makes no appearance.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action founded on a written instrument for the unconditional payment of money.

The petition alleges that the plaintiffs are the holders of a promissory note upon which there is due the sum of $3,000 together with interest at the rate of 6% per annum from the 19th day of May, 1956. A copy of the note was attached to the petition and by reference made a part thereof.

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