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MASTIC TILE DIV., RUBEROID CO. v. MOORE ASSOCIATES

No. 43,167

191 Kan. 266 (1963)

380 P.2d 376

MASTIC TILE DIVISION, THE RUBEROID COMPANY, a Corporation, Appellant, v. MOORE ASSOCIATES OF TOPEKA, INC., a Corporation, Appellee. LEONARD J. PORTER, doing business as CUSTOM FLOOR AND SPECIALTY SHOP, Defendant.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

B.L. Pringle and John Williams, of Topeka, argued the cause, and were on the briefs for the appellant.

James E. Benfer, of Topeka, argued the cause, and Harold E. Doherty and Ernest J. Rice, of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiff (appellant) Mastic Tile Division, The Ruberoid Company, a corporation, commenced this action against defendant Leonard J. Porter, doing business as Custom Floor and Specialty Shop, hereinafter referred to as Custom Floor, and defendant (appellee) Moore Associates of Topeka, Inc., hereinafter referred to as Moore Associates, to recover a balance due on an open account. From an order of the trial...

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