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GROSSHANS & PETERSEN, INC. v. GIVENS

No. 43,283

191 Kan. 650 (1963)

383 P.2d 959

GROSSHANS & PETERSEN, INC., a Corporation, Appellee, v. TOM GIVENS, Defendant, and W.O. HOMER, d/b/a PLAZA DEVELOPMENT COMPANY, a Partnership, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

Robert A. Schermerhorn, of Junction City, argued the cause, and C.L. Hoover and William R. King, both of Junction City, were with him on the brief for the appellant.

Howard Harper, of Junction City, argued the cause, and Robert F. Galloway and Edward F. Wiegers, both of Marysville, and Lee Hornbaker, Richard F. Waters and Bob Abbott, all of Junction City, were with him on on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action in which plaintiff sought recovery in the amount of $7,461.34 against defendants Givens and Homer, doing business as Plaza Development Company, a partnership, for material, services and the use of construction machinery and equipment furnished by plaintiff to the alleged partnership. The petition was in the usual form and, among other things, alleged the partnership of defendants.

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