WENZEL MACHINERY RENTAL & SALES CO. v. ADKINS

No. 42,466

189 Kan. 435 (1962)

370 P.2d 141

WENZEL MACHINERY RENTAL AND SALES COMPANY, INC., Appellant, v. TEMPLE ADKINS, a/k/a TEMPLE ADKINS, JR.; TEMPLE ADKINS, II, T.H. ADKINS; TEMPLE ATKINS; TEMPLE ATKINS, JR.; TEMPLE ATKINS, II; T.H. ATKINS, and ERNIE RIEKE, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1962.


Attorney(s) appearing for the Case

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

Elvin D. Perkins, of Emporia, argued the cause, and Everett D. Steerman, of Emporia, was with him on the briefs for the appellee Adkins.

James D. Howell, James D. Howell, Jr., William E. Scott, Francis J. Donnelly, and LaVone A. Daily, all of Kansas City, were on the briefs for appellee Rieke.


The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover money on a promissory note.

Plaintiff, Wenzel Machinery Rental and Sales Company, Inc. commenced the action on January 19, 1960, by filing a petition in the district court of Chase County, naming Temple Adkins, a/k/a Temple Adkins, Jr.; Temple Adkins, II; T.H. Adkins; Temple Atkins; Temple Atkins, Jr.; Temple Atkins, II;...

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