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YOUNG v. BARKER

No. 41,394

185 Kan. 246 (1959)

342 P.2d 150

CARL YOUNG and SARAH YOUNG, Appellants, v. CECIL E. BARKER, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1959.

Attorney(s) appearing for the Case

Manford Holly, of Wichita, argued the cause, and A.D. Weiskirch and William C. Farmer, both of Wichita, were with him on the briefs for appellants.

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

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover alleged usurious charges previously paid by Carl and Sarah Young, the plaintiff borrowers, to Cecil E. Barker, the defendant lender. Judgment was entered in favor of the defendant and the plaintiffs have appealed.

Plaintiffs' petition sets forth two causes of action. The first cause of action alleged that on or about May 9, 1956, they executed and delivered to defendant...

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