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LIBERTY GLASS CO. v. BATH

No. 41,853

187 Kan. 54 (1960)

353 P.2d 786

LIBERTY GLASS COMPANY, Appellee, v. W.J. BATH and LOUISE G. BATH, d/b/a DR. PEPPER BOTTLING CO., Defendants; W.J. BATH, Appellant.

Supreme Court of Kansas.

Opinion filed July 2, 1960.

Attorney(s) appearing for the Case

Charles S. Arthur, of Manhattan, argued the cause, and Charles D. Green, also of Manhattan, was with him on the briefs for the appellant.

John F. Stites, of Manhattan, argued the cause, and Richard D. Rogers, also of Manhattan, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for recovery of the purchase price of certain merchandise sold defendants. Judgment was entered for plaintiff against both defendants. Defendant W.J. Bath appeals.

The Liberty Glass Company, a corporation, plaintiff (appellee), alleged in its amended petition that Louise G. Bath and W.J. Bath, defendants, were husband and wife at all times stated therein and were engaged at such...

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