ISIS FOODS, INC. v. MO-KAN ENTERPRISES, INC.

No. 45,621

205 Kan. 203 (1970)

468 P.2d 113

ISIS FOODS, INC., Appellant, v. MO-KAN ENTERPRISES, INC., EDWARD G. JOHNSTON, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1970.


Attorney(s) appearing for the Case

John E. Stumbo, of Topeka, argued the cause, and Walter G. Stumbo, of Topeka, was with him on the brief for the appellant.

Eugene W. Hiatt, of Topeka, argued the cause, and Leland M. Spurgeon and Bruce C. Harrington, of Topeka, were with him on the brief for the appellee.


The opinion of the court was delivered by

O'CONNOR, J.:

This action was initiated by the plaintiff, Isis Foods, Inc., to recover the balance owing for the sale of goods and merchandise by plaintiff to various Tastee Freez stores for which the defendant, Mo-Kan Enterprises, Inc., held the franchise. For the sake of brevity, the parties will hereafter be referred to as Isis and Mo-Kan.

Mo-Kan admitted the amount of Isis' claim, but by way of counterclaim...

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