BRUCE v. SMITH

No. 45,514

204 Kan. 473 (1970)

464 P.2d 224

HERBERT D. BRUCE and CAROL BRUCE, his wife, Appellees, v. E.C. SMITH, d/b/a A & A DURACLEAN SERVICE, Appellant, DURACLEAN COMPANY, a corporation, and ISAAC MAGDALENO, Defendants.

Supreme Court of Kansas.

Opinion filed January 24, 1970.


Attorney(s) appearing for the Case

Cliff W. Ratner, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., R.R. Barnes, Edmond L. Kinch, and Patrick L. Dougherty, all of Wichita, were with him on the brief for the appellant.

Elliott Fry, of Wichita, argued the cause, and Henry E. Martz, Clyde Wendelken, and William A. Bonwell, all of Wichita, were with him on the brief for the appellees.


The opinion of the court was delivered by

FONTRON, J.:

The plaintiffs Herbert D. Bruce and Carol Bruce, his wife, bring this action to recover damages to a couch which was entrusted to A & A Duraclean Service to be cleaned. The action was tried to the court which rendered judgment against the defendants E.C. Smith asd Isaac Magdaleno. The defendant Smith, alone, has appealed.

Basically it is Mr. Smith...

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