VIRGINIA SURETY CO. v. SCHLEGEL

No. 44,841

200 Kan. 64 (1967)

434 P.2d 722

VIRGINIA SURETY COMPANY, INC. and STANLEY DILLEY, Appellants, v. BEN SCHLEGEL d/b/a SCHLEGEL'S GARAGE, and WICHITA INSULATION CO., INC., Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1967.


Attorney(s) appearing for the Case

Rodney H. Busey, of Wichita, argued the cause, and Lester C. Arvin and Kay K. Arvin, both of Wichita, were with him on the briefs for the appellants.

Darrell D. Kellogg, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson, H.W. Fanning, Richard C. Hite, Roger M. Sherwood, Richard L. Honeyman, Thedore H. Hill and Mearle D. Mason, all of Wichita, were with him on the briefs for the appellee, Ben Schlegel d/b/a Schlegel's Garage.

Donald R. Newkirk, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, were with him on the briefs for the appellee, Wichita Insulation Co., Inc.


The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over a bailment destroyed by fire. The bailor proceeded against the bailee and a third party, operating on the bailee's premises, in the alternative as permitted by K.S.A. 60-220 (a).

The petition insofar as material here alleged:

"That on or about April 22, 1963, plaintiff, Stanley Dilley's trailer was located in defendant Schlegel's Garage...

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