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CAIN v. GROSSHANS & PETERSEN, INC.

No. 44,387

196 Kan. 497 (1966)

413 P.2d 98

TOM C. CAIN and IVY CAIN, Appellants and Cross-Appellees, v. GROSSHANS & PETERSEN, INC., a Corporation, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1966.

Attorney(s) appearing for the Case

Paul M. Buchanan, of Wichita, argued the cause, and Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman; J. Ruse McCarthy, Donald A. Bell, J.L. Weigand, Jr., Spencer L. Depew and Charles R. Moberly, all of Wichita, were with him on the brief for the appellants and cross-appellees.

Emmet A. Blaes, of Wichita, argued the cause, and Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L.D. Klenda, Charles M. Cline, Richard A. Loyd, Stephen M. Blaes and Jack S. Ramirez, all of Wichita, were with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FONTRON, J.:

This is an action to recover damages for breach of contract. The plaintiffs have appealed from a summary judgment entered in their favor for $34,060.00, and the defendant has filed a cross-appeal. For the sake of clarity, we shall refer to the parties as plaintiffs, on the one hand, and defendant on the other.

While the questions presented both on appeal...

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