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MOUNTAIN IRON & SUPPLY CO. v. JONES

No. 45,016

201 Kan. 401 (1968)

441 P.2d 795

MOUNTAIN IRON AND SUPPLY COMPANY, a Corporation, Appellee and Cross Appellant, v. GEORGE R. JONES and ALBERT J. GEBERT, III, Appellants and Cross Appellees.

Supreme Court of Kansas.

Opinion filed June 8, 1968.

Attorney(s) appearing for the Case

William L. Oliver, Jr., of Wichita, argued the cause, and George B. Collins, Robert Martin, K.W. Pringle, Jr., William F. Schell, Robert M. Collins, William V. Crank and Tom C. Triplett, all of Wichita, and Thomas M. Burns and Peter J. Wall, both of Denver, Colorado, were with him on the brief for the appellants and cross appellees.

Richard W. Stavely, of Wichita, argued the cause and was on the brief for the appellee and cross appellant.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action brought by Mountain Iron and Supply Company against George R. Jones and Albert J. Gebert, III, as officers, directors and stockholders of Jones-Gebert Oil, Inc., a bankrupt corporation, for the debts of that corporation.

In Count I of the petition the plaintiff seeks to recover from the defendants on their personal guarantee of a corporate...

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