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WYCOFF v. WINONA FEED & GRAIN CO.

No. 41,927

187 Kan. 98 (1960)

353 P.2d 979

R.L. WYCOFF and R.A. WYCOFF, d/b/a Wycoff Brothers, a Partnership, Appellees, v. WINONA FEED AND GRAIN COMPANY, INC., a Kansas Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 2, 1960.

Attorney(s) appearing for the Case

James P. Mize, of Salina, argued the cause, and C.L. Clark and T.M. Lillard, Jr., both of Salina, and Max Jones and Selby S. Soward, both of Goodland, were with him on the brief for the appellant.

Edward M. Beougher, of Grinnell, Earl Artley, of Russell Springs, and J.H. Jenson, of Oakley, were on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to recover damages for failure to deliver barley of the quality which the defendant received from the plaintiffs for delivery to the Commodity Credit Corporation.

The defendant's motions to make definite and certain and to strike allegations of the petition, and its demurrer to the petition, were overruled. The defendant has appealed and specifies such rulings as error.

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