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STAR LUMBER & SUPPLY CO. v. MILLS

Nos. 41,540 and 41,724 (Consolidated)

186 Kan. 204 (1960)

349 P.2d 892

STAR LUMBER & SUPPLY CO., INC., Appellant, v. EDMOND KYLE MILLS a/k/a ED MILLS and LOU E. MILLS, husband and wife; THE COFFEYVILLE LOAN & INVESTMENT COMPANY, INC.; JACK VANE CROSS and LAVERNE T. CROSS, husband and wife; ELDON HAZEN ROGERS and MARILYN A. ROGERS, husband and wife; CARL LEROY SMITH and JUANITA LENA SMITH, husband and wife; JACKIE L. EDMISTON and FRANCIS A. EDMISTON, husband and wife; JOHN DEE BOLES and NORMA KATHERINE BOLES, husband and wife; MYRON R. MacLASKEY; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

Morris H. Cundiff, of Wichita, argued the cause, and Dale M. Bryant, Garner E. Shriver, Glenn J. Shanahan, Orlin L. Wagner and James D. Van Pelt, all of Wichita were with him on the briefs for appellant.

Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers and Robert C. Foulston, of Wichita, were with him on the briefs for appellees Eldon Hazen Rogers, Marilyn A. Rogers, the Coffeyville Loan & Investment Company, Inc., and Federal National Mortgage Association.

Orval L. Fisher, of Wichita, was on the briefs for appellees Edmond Kyle Mills and Lou E. Mills.

Roy L. Rogers, of Wichita, was on the briefs for appellees Jack Vane Cross, Laverne T. Cross, Carl Leroy Smith, Juanita Lena Smith, Jackie L. Edmiston, Francis A. Edmiston, John Dee Boles and Norma Katherine Boles.

The opinion of the court was delivered by

FATZER, J.:

This was an action to foreclose a mechanic's lien. The principal question presented is whether the trial court's finding that the plaintiff's lien was filed too late is supported by substantial evidence. As will be noted in the course of the opinion, the decisive question is one of fact: whether two isolated orders for materials were furnished under the original contract of the parties.

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