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GRAHAM v. BARBER

No. 43,481

192 Kan. 554 (1964)

390 P.2d 23

BETTY ANN GRAHAM, as Widow of James Mathew Graham, now Deceased, Appellant, v. I.D. BARBER a/k/a PETER BARBER, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

William C. Farmer, of Wichita, argued the cause, and Paul V. Smith, Douglas E. Shay, Leo R. Wetta, and James R. Schaefer, all of Wichita, were with him on the briefs for the appellant.

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, and Wm. R. Smith, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from a judgment sustaining a demurrer to plaintiff's opening statement as to one of two joint defendants in a wrongful death action.

The salient facts which are not in dispute may be highly summarized and stated thus.

I.D. Barber was the owner of certain property in the city of Wichita, Kansas, on which he was building a shopping center. Barber subcontracted various portions...

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