DOLE v. PHIPPS

No. 44,197

195 Kan. 496 (1965)

407 P.2d 556

FRED V. DOLE, Appellee, v. W.B. PHIPPS, JR., and ELVIRA M. PHIPPS, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed November 6, 1965.


Attorney(s) appearing for the Case

Lyndon Gamelson and Harry E. Robbins, Jr., both of Wichita, argued the cause, and Donald C. Tinker, Jr., also of Wichita, was with them on the brief for the appellants.

Everett C. Fettis, of Wichita, argued the cause and Robert C. Allan, of Wichita, was with him on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This was an action by a landlord against his tenants to recover possession of real property on account of alleged failure to pay rent.

The landlord will be referred to as plaintiff and the tenants as defendants.

Defendants have appealed from an adverse judgment.

The facts are not in dispute.

For a number of years prior to 1962 defendants, as lessees, had been in possession...

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