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WALZ v. TOMPKINS, ADMINISTRATOR

No. 42,123

188 Kan. 106 (1961)

360 P.2d 868

ART S. WALZ, Appellant, v. HOYT TOMPKINS, as Executor of the Estate of A.R. Tompkins, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

Oscar Ostrum, of Russell, argued the cause, and J. Eugene Balloun, of Russell, and Charles G. Dockhorn, of Goodland, were with him on the briefs for the appellant.

Selby S. Soward and Bernard E. Whalen, both of Goodland, argued the cause, and Max Jones, of Goodland, was with them on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

Plaintiff Art S. Walz, a resident of Goodland, commenced this action on April 21, 1958, against defendant A.R. Tompkins, a resident of the same city, by filing a petition in the district court of Sherman County to recover an amount claimed to be due him, upon an alleged mutual running account covering innumerable transactions beginning in August, 1942, and continuing...

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