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INTERNATIONAL MOTOR REBUILDING v. UNITED MOTOR EXCHANGE

No. 43,776

193 Kan. 497 (1964)

393 P.2d 992

INTERNATIONAL MOTOR REBUILDING CO., a Corporation, Appellant, v. UNITED MOTOR EXCHANGE, INC., a Kansas Corporation, and JOHN TUTTLE and JERRY LIVINGSTON, Appellees.

Supreme Court of Kansas.

Opinion filed July 14, 1964.

Attorney(s) appearing for the Case

Orlin L. Wagner, of Wichita, argued the cause, and Wilbur D. Geeding, of Wichita, was with him on the briefs for the appellant.

Marvin J. Martin, of Wichita, argued the cause, and Donald G. McFerson, John B. Wooley, and Jimmie E. Grey, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over a compromised settlement of accounts and suit on a note given as consideration therefor.

Plaintiff was in the business of purchasing and rebuilding old automobile motors for resale. The defendants were in the business of overhauling automobiles and replacing worn motors with rebuilt ones. The defendants sold worn motors to plaintiff and purchased rebuilt...

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