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McCARTHY v. TETYAK

No. 41,177

184 Kan. 126 (1959)

334 P.2d 379

PHILIP E. McCARTHY, Appellee, v. JOHN J. TETYAK, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

Robert P. Anderson, of Overland Park, argued the cause, and Lyndus A. Henry, David R. Gilman, and Gwendolyn V. Falkenberg, all of Overland Park, were with him on the briefs for the appellant.

A.C. Cooke, of Kansas City, argued the cause, and Blake A. Williamson, James K. Cubbison, Lee Vaughan, and Donald A. Hardy, all of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover damages for alleged misrepresentations made in connection with the sale, under a written contract, of all the corporate stock of Fairfax Aviation, Inc., by the defendant to the plaintiff. The plaintiff recovered and the defendant appeals.

The cumulating facts and circumstances responsible for this lawsuit, and the theory on which plaintiff bases his right to recover...

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