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POWERS v. STURGEON

No. 42,963

190 Kan. 604 (1962)

376 P.2d 904

GEORGE V. POWERS and PATRICK POWERS d/b/a GREAT BEND CANDY AND TOBACCO CO., Appellants, v. E.C. STURGEON, JR., d/b/a M & S WHOLESALE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

Larry E. Keenan, of Great Bend, argued the cause, and Robert P. Keenan, of Great Bend, was with him on the brief for the appellants.

Douglas B. Myers, of Dodge City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action on an oral contract for the recovery of money. Plaintiff prevailed under its petition. Defendant prevailed under its cross petition in a less amount. The two amounts were set off against each other and judgment for plaintiff was rendered accordingly. Plaintiff has appealed.

The question involved concerns the right of defendant to assert its cross-petition as a "pure defense" to...

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