FAILING CO. v. CARDWELL INVESTMENT CO.

No. 42,880

190 Kan. 509 (1962)

376 P.2d 892

GEORGE E. FAILING COMPANY, Appellant, v. CARDWELL INVESTMENT COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1962.


Attorney(s) appearing for the Case

Harry L. Hobson, of Wichita, argued the cause, and Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Bruce W. Zuercher, L.D. Klenda, Loren B. Corliss and Charles M. Cline, Jr., all of Wichita, were with him on the brief for the appellant.

William Tinker, of Wichita, argued the cause, and Arthur W. Skaer, Hugh P. Quinn, Alvin D. Herrington and Richard T. Foster, all of Wichita, were with him on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action upon a guarantor's written promise to pay the appellant for goods purchased by and delivered to a third party.

The overall question presented is whether the rental of oil well pipe by the third party from another company, but billed through the appellant, was covered by the guaranty.

The facts are rather involved and require the recital of some background information...

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