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FORSTER v. FINK

No. 44,196

195 Kan. 488 (1965)

407 P.2d 523

T.E. FORSTER, d/b/a Forster Manufacturing Co., Appellee, v. STEVEN FINK, d/b/a Steven Fink Grain Co., Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

J.A. Dickinson, of Topeka, argued the cause, and Robert H. Cobean, of Wellington, was with him on the brief for the appellant.

George B. Powers, of Wichita, argued the cause, and Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger, and Benjamin C. Langel, all of Wichita, and Ford Harbaugh, of Wellington, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Defendant-cross petitioner appeals from an adverse judgment rendered in an action brought by plaintiff for monies due on contract, defendant's cross petition being one for damages for alleged breach of that contract.

The background of this controversy may be stated thus: Plaintiff manufactures and installs elevator equipment; defendant purchased and commenced...

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