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COMLEY-NEFF LUMBER CO. v. ROSS

No. 43,032

190 Kan. 734 (1963)

378 P.2d 178

COMLEY-NEFF LUMBER COMPANY, Plaintiff, v. MARGARET RUTH ROSS, Appellant; FRED VULGAMORE, JR., and CUSTOM PLUMBING COMPANY, INC., a Corporation, Defendants; BRAGG TEMP-CONTROL, INC., a Corporation, Appellee; V.J. CLOUGH, BONTZ CONSTRUCTION CO., INC., a Corporation, MID-WESTERN MIRROR AND GLASS, INC., a Corporation, HOMER TOLER, d/b/a TOLER SHEET METAL WORKS, A.R. MALONEY, McBRIDE ELECTRIC, INC., a Corporation, CHESTER L. ANDERSON CO., INC., a Corporation, ROBERT RICH, d/b/a RICH AND RAINS DRY WALL CO., HOUSTON-DOUGHTY LUMBER COMPANY, a Corporation, and ARTHUR G. JOHNSON, Trustee in Bankruptcy in the Matter of Bontz Construction Co., Inc., a Bankrupt, Case No. 5882-B-2 in the United States District Court for the District of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

John S. Seeber, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones, William I. Robinson, J. Ashford Manka, Clifford L. Malone, Mark H. Adams, II, Philip L. Bowman and Joe Rolston, all of Wichita, were with him on the brief for the appellant.

Robert L. Davis, of Wichita, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action whereby plaintiff lumber company sought foreclosure of a mechanic's lien. Named as defendants were the property owner, the general contractor, and various other lien claimants. The appeal is from an order striking and eliminating from the action the cross-petition of the property owner against a codefendant whereby the property owner sought damages...

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