FORNEY v. GERLING

No. 44,711

198 Kan. 613 (1967)

426 P.2d 106

VERN L. FORNEY, Appellee, v. PAUL H. GERLING, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1967.


Attorney(s) appearing for the Case

Emmet A. Blaes, of Wichita, argued the cause, and Roetzel Jochems, Robert G. Braden, J. Francis Hess, James W. Sargent, Stanley E. Wilson, 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 appellant.

William L. Fry, of Wichita, argued the cause, and Vincent L. Bogart and Frank W. Hylton, both of Wichita, were with him on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is a financial fracas between two real estate men, one suing the other in two counts for usurious interest and slander of title. A jury returned a verdict in favor of the plaintiff for a sum of money nowhere supported in the evidence or embraced within the instructions. Appeal has been duly perfected by the defendant specifying trial errors.

Several instructions given to the jury by the...

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