HUGHES v. ATKINSON

No. 42,300

188 Kan. 413 (1961)

362 P.2d 618

DAVID M. HUGHES, MARTHA M. HUGHES, CAROL A. JORY and DEBORAH A. HUGHES, Trustees, Doing Business under the Trade Name and Style of MULVANE RANCH, by its Agent, DAVID M. HUGHES, Appellees, v. FRANK W. ATKINSON and HENRY C. HITCH, a Co-partnership, Appellants.

Supreme Court of Kansas.

Opinion filed June 10, 1961.


Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause, and Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, and Hugo T. Wedell and Homer V. Gooing, of Counsel, all of Wichita, were with him on the briefs for the appellants.

Emmet A. Blaes, of Wichita, argued the cause, and John E. Wheeler, of Marion, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer, Harry L. Hobson, Bruce W. Zuercher, and Terrance J. Muth, all of Wichita, were with him on the briefs for the appellees.


The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover a balance alleged to be due the plaintiffs under the terms of a written agistment agreement, whereby they leased the defendants the 11,000 acre Mulvane Ranch, located in Chase and Morris Counties, Kansas, for pasturage purposes and subsequently pastured 2,003 head of defendants' cattle (steers) in such pasture during the 1958 pasture season.

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