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MOORMAN MOTORS, INC. v. PHELPS

No. 43,577

192 Kan. 774 (1964)

391 P.2d 311

MOORMAN MOTORS, INC., Appellee, v. FRED W. PHELPS, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1964.

Attorney(s) appearing for the Case

Fred W. Phelps, of Topeka, argued the cause and was on the briefs pro se.

Fred S. Jackson, of Topeka, argued the cause, and Walter G. Stumbo, Robert R. Irwin, Craig Irwin, and Mary Schowengerdt, all of Topeka, were with him on the briefs for the appellee, Moorman Motors, Inc.

L.M. Cornish, Jr., of Topeka, argued the cause, and Ralph F. Glenn, Jan W. Leuenberger, M.D. Bartlow, and Roger R. Viets, all of Topeka, were with him on the briefs for the appellee, General Motors Acceptance Corporation.

The opinion of the court was delivered by

FONTRON, J.:

This is an appeal from an order overruling the defendant's motion to make an additional party defendant and directing that defendant's counterclaim be stricken from his answer and made the subject of a separate action.

The facts which are material to this appeal are not in dispute. The plaintiff, Moorman Motors, Inc. sued the defendant, Fred W. Phelps, to recover a balance alleged to be due on...

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