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GRIGSBY v. JENKINS

No. 41,055

183 Kan. 594 (1958)

331 P.2d 284

CHARLES GRIGSBY, SR., Appellant, v. CHARLIE JENKINS and CORNELIUS JENKINS, Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

B.V. Hampton, of Pratt, argued the cause, and Bill Murray, also of Pratt, was with him on the briefs for the appellant.

Paul R. Wunsch, of Kingman, argued the cause, and Chas. H. Stewart, also of Kingman, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiff-appellant Charles Grigsby, Sr., brought this action to recover from defendant-appellee Charlie Jenkins and Cornelius Jenkins on an oral contract for the harvesting of 400 acres of wheat. During the introduction of plaintiff's testimony, the case was dismissed as to Cornelius Jenkins and he was no longer a party to the action.

The petition alleged and evidence established that defendant...

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