BOTKIN v. KICKAPOO, INC.

No. 46,529

211 Kan. 107 (1973)

505 P.2d 749

F.E. BOTKIN, JOHN BOTKIN, DALE BOTKIN, and DONALD BOTKIN, PARTNERS d/b/a BOTKIN GRAIN COMPANY, Appellants, v. KICKAPOO, INC., a corporation, and JAMES CLARKE, Appellees.

Supreme Court of Kansas.

Opinion filed January 20, 1973.


Attorney(s) appearing for the Case

Ronald D. Albright, of Anthony, argued the cause and was on the brief for the appellants.

Marion P. Mathews, of Winfield, argued the cause, and Lawrence E. Christenson and William A. Taylor, III, both of Winfield, were with him on the brief for the appellees.


The opinion of the court was delivered by

HARMAN, C.:

This is an action in replevin and for damages growing out of the purchase of feed mill equipment. Trial to the court resulted in judgment for defendants from which plaintiffs have appealed.

Upon issues framed by the pleadings the trial court ruled plaintiffs had abandoned the property which was the subject of the suit and further that their claim for relief was barred by the statute of limitations...

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