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MACK-WELLING LUMBER & SUPPLY CO. v. BEDORE

No. 43,077

191 Kan. 88 (1963)

379 P.2d 545

MACK-WELLING LUMBER AND SUPPLY COMPANY, INC., a Corporation, Appellant, v. W.H. BEDORE and GEORGINE BEDORE, His Wife; W.H. BEDORE and RAYMOND BEDORE, a Partnership, d.b.a. BEDORE BROS.; THE HAYS BUILDING AND LOAN ASSOCIATION, Ellis County, Kansas, a Corporation; CURTIS ARMBRISTER and KAREN ARMBRISTER, Husband and Wife, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1963.

Attorney(s) appearing for the Case

Richard M. Driscoll, of Russell, argued the cause, and H.D. Oelschlaeger, of Plainville, and Jerry E. Driscoll, of Russell, were with him on the briefs for appellant.

Stanley Krysl, of Stockton, argued the cause, and D.A. Hindman and Robert Osborn, of Stockton, and Henry F. Herrman and Gregory J. Herrman, of Hays, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This action was commenced on May 15, 1959, to foreclose a mechanic's lien and to establish and foreclose an equitable mortgage. The pertinent facts are summarized.

On September 18, 1957, the plaintiff lumber company entered into a written contract with W.H. Bedore and Georgine Bedore, his wife, Raymond Bedore and W.H. Bedore, a partnership d.b.a. Bedore Brothers, building contractors, hereafter...

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