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McLAUGHLIN v. RAPP

No. 41,137

184 Kan. 58 (1959)

334 P.2d 431

RUSSEL McLAUGHLIN, Appellant, v. J.C. RAPP, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

H.E. Pat Healy and Keith Eales, both of Wichita, argued the cause and were on the brief for the appellant.

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, Robert L. NeSmith and Justus H. Fugate, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is a damage action, and the appeal is from an order sustaining a demurrer to the petition.

The case is a companion to that of Steele v. Rapp, 183 Kan. 371, 327 P.2d 1053, decided on July 7, 1958, in that it arises out of the same incident, namely — when a bottle of fingernail polish remover, sold by defendant,...

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