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FARMERS UNION CENTRAL COOPERATIVE EXCHANGE v. TOMSON

No. 43,398

192 Kan. 274 (1963)

387 P.2d 202

FARMERS UNION CENTRAL COOPERATIVE EXCHANGE, a Kansas Corporation, Appellant, v. J.G. TOMSON, JR., d/b/a TOMSON HYBRID SEED CORN COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

Jacob A. Dickinson, of Topeka, argued the cause, and Richard P. Royer, of St. Marys, and Sam A. Crow, Ralph E. Skoog and Bill G. Honeyman, all of Topeka, were with him on the brief for the appellant.

Robert Hecht, of Topeka, argued the cause, and Allen Meyers, Herbert A. Marshall and Doral H. Hawks, all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to recover the balance of $2,000 due on the sale of three-year-old seed corn, the plaintiff contending such balance was due on an account stated. The defendant cross-petitions, alleging breach of a warranty as to germination and an oral agreement to adjust the price. The case was tried to the court. Without giving counsel an opportunity to...

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