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SUTHERLAND LUMBER CO. v. DUE

No. 46,916

212 Kan. 658 (1973)

512 P.2d 525

SUTHERLAND LUMBER CO., JAN FAGG, JAMES FAGG, TERRY HIRT, BERL MARTIN, and STEVE MORSE, Appellants, v. L.E. DUE and CAROLYN DUE, Husband and Wife, and LAWRENCE E. ADKINS and JOHN HALEY d/b/a ARM POLE BARN CONSTRUCTION CO., Appellees.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

Melvin L. Schmidt, of Garnett, argued the cause and was on the brief for the appellants.

David Mullies, of Fort Scott, argued the cause, and Douglas G. Hudson, also of Fort Scott, was with him on the brief for the appellees

The opinion of the court was delivered by

FONTRON, J.:

This action involves the sufficiency of a subcontractor's lien statement for materials furnished and used in the construction of a barn. The trial court sustained a defense motion to dismiss the action and the materialman has appealed.

In the course of this opinion we shall refer to the lien claimant, Sutherland Lumber Co., as plaintiff or Sutherland,...

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