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CLARK LUMBER CO. v. PASSIG

No. 41,302

184 Kan. 667 (1959)

339 P.2d 280

CLARK LUMBER COMPANY, a Missouri Corporation, Appellant, v. ILA J. PASSIG, JOE MALONEY, C.L. PETERS, also known as Lloyd Peters, and MABEL PETERS, his wife, and BLANCHE HUNSAKER, Appellees, and RICHARD PEARMAN, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

Robert F. Stadler, of Humboldt, argued the cause, and L.T. Cannon, also of Humboldt, was with him on the brief for the appellant, Clark Lumber Company.

J.C. Edwards, of Iola, was on the brief for the appellant, Richard Pearman.

Stanley E. Toland, of Iola, argued the cause, and Frank W. Thompson, also of Iola, was with him on the brief for the appellee, Ila J. Passig.

J.D. Conderman, of Iola, was on the brief for the appellees, C.L. Peters, Mabel Peters and Blanche Hunsaker.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action in which subcontractors seek to foreclose mechanics' liens for labor and materials supplied in building a house and garage on property in Iola, Kansas. The appeal is taken from orders of the trial court sustaining demurrers to the petition and cross petition of the respective subcontractors and from an order sustaining a motion for judgment on the pleadings.

It is conceded the...

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