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GROENDYCKE v. TOWN & COUNTRY LODGE, INC.

No. 45,156 Consolidated

202 Kan. 126 (1968)

446 P.2d 730

G.M. GROENDYCKE, ALICE GROENDYCKE, EXECUTOR, SUBSTITUTED, Appellant, v. TOWN AND COUNTRY LODGE, INC., A Corporation; and HARRY B. POLLAK, Appellees. G.M. GROENDYCKE, ALICE GROENDYCKE, EXECUTOR, SUBSTITUTED, and ALICE GROENDYCKE, His Wife, Appellants, v. LEON H. ELLIS and LYDIA ELLIS, His Wife; TOWN AND COUNTRY LODGE, INC., a Corporation; and HARRY B. POLLAK, Appellees.

Supreme Court of Kansas.

Opinion filed November 9, 1968.

Attorney(s) appearing for the Case

W. Luke Chapin, of Medicine Lodge, argued the cause, and George B. Powers, of Wichita, was with him on the brief for the appellants.

Wayne Coulson, of Wichita, argued the cause, and Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, John Prather, Richard I. Stephenson, and Douglas D. Johnson, all of Wichita, and Hugo T. Wedell, of Wichita, of Counsel, were with him on the brief for the appellees.

The opinion of the court was delivered by PRICE, C.J.:

These consolidated actions arose out of the operation of two motels on the west edge of the city of Wichita known as the Town and Country Lodge, Inc. and Western Trails Motel.

Plaintiff Groendycke is the owner-lessor of each property.

In the Town and Country case against defendant-lessees, plaintiff sought cancellation of the lease either on the ground of fraud or

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