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JAY-OX, INC., v. SQUARE DEAL JUNK CO., INC.

No. 46,266

208 Kan. 856 (1972)

494 P.2d 1103

JAY-OX, INC., Appellee, v. SQUARE DEAL JUNK COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

Irving Achtenberg, of Kansas City, Mo., argued the cause, and Hugh E. Brownfield, of Kansas City, was with him on the brief for the appellant.

William O. Isenhour, Jr., of Mission, argued the cause, and Kenneth P. Soden, of Mission, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a suit for money judgment for material and services rendered. Primarily the account was for recovery for certain steel cylinders which defendant allegedly failed to return to plaintiff. Trial to the court resulted in a judgment for plaintiff from which defendant appeals.

Although there was some dispute in the evidence the background of the action may be summarized as follows:

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