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DAVENPORT v. DICKSON

No. 46,511

211 Kan. 306 (1973)

507 P.2d 301

BERTRAM E. DAVENPORT, Trustee for the GLADYS A. DAVENPORT TRUST, Appellant, v. DALE E. DICKSON, Appellee, and ROBERT L. ARD, Defendant.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Stephen Jones, of Lyndon, argued the cause, and David Hederstedt, also of Lyndon, was with him on the brief for the appellant.

Arthur L. Claussen, of Topeka, argued the cause, and R. Wilford Riegle, of Emporia, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This action was brought to recover the balance due on a promissory note executed by Dale E. Dickson, and which Robert L. Ard assumed and agreed to pay in a separate written instrument. Dickson set up the defense of novation based on the separate written instrument signed by Ard. Ard set up a defense of failure of consideration for his agreement to assume the debt. The defendant Dickson in his answer to...

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