WOODS-RINGSTAFF LUMBER CO. v. POND

No. 43,100

191 Kan. 465 (1963)

382 P.2d 282

THE WOODS-RINGSTAFF LUMBER COMPANY, a co-partnership, composed of R.C. WOODS, E.E. WOODS, MURIEL LOUGH WOODS, and W.F. RINGSTAFF, Plaintiff, and R.C. WOODS, Surviving Partner of the co-partnership named above as plaintiff, Intervening Plaintiff, and THE WOODS-RINGSTAFF LUMBER COMPANY, a co-partnership, composed of R.C. WOODS, E.E. WOODS, MURIEL LOUGH WOODS, Substituted Plaintiff, Appellees, v. HAROLD E. POND, GOLDA M. POND, Appellants, WAYNE LINE, d/b/a Line Supply and Construction, ROBERT LOUGH WOODS, Executor of the Estate of O.H. Woods, Deceased, DOROTHY WOODS MIZE, ROBERT LOUGH WOODS, MARIAN WOODS, OSCAR HARRY WOODS, JUNIOR, Defendants.

Supreme Court of Kansas.

Opinion filed June 8, 1963.


Attorney(s) appearing for the Case

Tom Crossan, of Independence, argued the cause, and was on the briefs for appellants.

W.C. Mitchell, of Cherryvale, argued the cause, and was on the briefs for appellees.


The opinion of the court was delivered by

FATZER, J.:

This was an action to foreclose a subcontractor's lien for materials used on real estate. (G.S. 1949, 60-1403.) Trial was by the court and judgment was rendered for the plaintiff lumber company, and the defendants Pond have appealed.

This case was here previously. (Woods-Ringstaff Lumber Co. v. Pond, 188 Kan. 369, 362 P.2d 615

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