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FARMERS & MERCHANTS STATE BANK v. SNODGRASS & SONS

No. 46,298

209 Kan. 119 (1972)

495 P.2d 985

FARMERS & MERCHANTS STATE BANK OF Derby, Kansas, Appellee, v. SNODGRASS AND SONS CONSTRUCTION CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

Robert T. Cornwell, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and John Matson, of the same firm, was with him on the brief for the appellant.

Joseph W. Kennedy, of Morris, Laing, Evans & Brock, of Wichita, argued the cause, and Justus H. Fugate, of Aley, Fugate & Maben, of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action by a bank against a general contractor for breach of contract for failing to pay retainage to the bank. The case was tried to the court sitting without a jury. The trial court entered judgment in favor of the plaintiff, Farmers and Merchants State Bank, in the amount of $13,000 with interest. The appellant, Snodgrass and Sons Construction Company, Inc., was the defendant in the district...

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