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MELTON v. PRICKETT

No. 45,164

203 Kan. 501 (1969)

456 P.2d 34

ELVIN MELTON, Appellant, v. DONALD W. PRICKETT and GENERAL MOTORS ACCEPTANCE CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed June 14, 1969.

Attorney(s) appearing for the Case

William H. Stowell, of Phillipsburg, argued the cause, and Doris D. Stowell, was with him on the brief for appellant.

Thomas C. Boone, of Hays, argued the cause and was on the brief for appellee Prickett.

C. Stanley Nelson, of Salina, argued the cause, and H.H. Dunham, Jr., E.S. Hampton, John Q. Royce, Howard G. Engleman, Jack N. Stewart, Tom W. Hampton, and W. Dean Owens, of Salina, were with him on the brief for appellee General Motors Acceptance Corporation.

The opinion of the court was delivered by

FATZER, J.:

At issue is the construction and application of K.S.A. 8-135 (c), and particularly subsection (6), with respect to the sale and delivery of a 1962 three-ton used truck-tractor, hereafter referred to as the truck, where no certificate of title, stating all liens or encumbrances thereon, was assigned to the purchaser at the time of delivery of the truck.<...

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