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WOODS-RINGSTAFF LUMBER CO. v. POND

No. 42,198

188 Kan. 369 (1961)

362 P.2d 615

THE WOODS-RINGSTAFF LUMBER COMPANY, a Co-partnership; R.C. WOODS, Surviving Partner of the Co-partnership, Doing Business as the WOODS-RINGSTAFF LUMBER COMPANY, Appellees, v. HAROLD E. POND and GOLDA M. POND, Appellants.

Supreme Court of Kansas.

Opinion filed June 10, 1961.

Attorney(s) appearing for the Case

Tom Crossan, of Independence, argued the cause and was on the brief for the appellants.

C.W. Mitchell, of Cherryvale, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an action by a subcontractor to foreclose a materialman's lien upon property of defendants. The case has not been tried and is here, on appeal by defendants, from certain rulings as to pleadings hereafter mentioned.

In their brief plaintiffs (appellees) concede that the statement of facts as to the contents of the pleadings outlined by defendants...

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