BENTON v. FRANZEN

No. 43,098

191 Kan. 108 (1963)

379 P.2d 306

CHARLES BENTON, Appellee, v. W.H. FRANZEN and CLARA FRANZEN, His Wife, Appellants, and EUREKA FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation; HARRY UHRIG; BUD HOYLE; ANTRIM LUMBER COMPANY; LEWIS & WEST READY MIX CONCRETE CO., and TRIPLE "A" BUILDERS SUPPLY, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1963.


Attorney(s) appearing for the Case

W.H. Coutts, III, of El Dorado, argued the cause, and W.H. Coutts, Jr., of El Dorado, was with him on the briefs for the appellants.

Gale Moss, of El Dorado, argued the cause, and was on the brief for appellee Charles Benton.


The opinion of the court was delivered by

WERTZ, J.:

Plaintiff (appellee) Charles Benton brought this action against W.H. and Clara Franzen, defendants (appellants), for the recovery of money under two building contracts and to have the judgment declared a lien on defendants' property.

Defendants have appealed from the order of the trial court overruling their demurrer to plaintiff's petition on the ground it failed to state a cause of action.

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