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SAFFORD & SON LUMBER CO. v. KERLEY

No. 41,138

184 Kan. 59 (1959)

334 P.2d 334

THE S.J. SAFFORD & SON LUMBER COMPANY, INC., a corporation, Appellant, v. MARLIN KERLEY and MARY E. KERLEY, Appellees; WILLIAM WHITESIDE, ROBERT NELSON, CUSTOM HOMES, INC., a Kansas Corporation, FIRST KANSAS LIFE INSURANCE COMPANY, a Kansas Corporation, Defendants.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

R.A. Munroe, of Augusta, argued the cause and was on the briefs for the appellant.

Alvin D. Herrington, of Wichita, argued the cause, and Getto McDonald, William Tinker, Arthur W. Skaer, Hugh P. Quinn, William Porter and John E. Lancelot, all of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the S.J. Safford & Son Lumber Company, Inc. (hereinafter referred to as plaintiff), a subcontractor, to reinstate, reform and foreclose a materialman's lien. The trial court sustained defendants' demurrer to the petition on the ground that it failed to state a cause of action, and plaintiff appeals.

Plaintiff (appellant) alleged that defendants (appellees) Marlin Kerley...

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