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WESTAMERICA SECURITIES, INC. v. CORNELIUS

No. 47,126

214 Kan. 301 (1974)

520 P.2d 1262

WESTAMERICA SECURITIES, INC., a Corporation, Appellee, v. WORTH C. CORNELIUS and VANITA P. CORNELIUS, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

James W. Wallace, of Scott City, argued the cause, and Keen K. Brantley, of Scott City, was with him on the brief for the appellants.

Van Smith, of Corley & Smith, Chartered, of Garden City, argued the cause, and D.J. Vsetcka, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This was an action to recover money paid by mistake. The case was submitted to the trial court on a stipulation of the facts and the discovery depositions of two witnesses which, the parties agreed, might be considered by the court.

The mistake in question involved the value of the common stock of two corporations, one Midwestern Financial Corporation of Kansas, a relatively small insurance holding...

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