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HASTAIN v. GREENBAUM

No. 45,688

205 Kan. 475 (1970)

470 P.2d 741

J.W. HASTAIN, Appellee, v. R.R. GREENBAUM, an individual, d/b/a TIME PETROLEUM COMPANY; and CALIFORNIA-TIME PETROLEUM, INC., a corporation, Appellants.

Supreme Court of Kansas.

Opinion filed June 13, 1970.

Attorney(s) appearing for the Case

Thomas A. Wood, of Smith, Shay, Farmer and Wetta, of Wichita, argued the cause and was on the brief for the appellants.

Richard Jones, of Hershberger, Patterson, Jones and Thompson, of Wichita, argued the cause, and Robert J. Roth of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Plaintiff brought this action to recover on a promissory note. Defendants admitted execution of the note but sought to avoid it by alleging the execution was under duress.

The trial court found the facts were insufficient to sustain the allegation of duress and entered summary judgment for plaintiff for $8,000, the balance due on the note. Defendants appeal...

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