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YOUNG & COOPER, INC. v. VESTRING

No. 47,138

214 Kan. 311 (1974)

521 P.2d 281

YOUNG & COOPER, INC., A CORPORATION, Appellee, v. ROBERT B. VESTRING & JAMES W. VESTRING d/b/a VESTRING BROTHERS, A PARTNERSHIP, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

John P. Woolf, of Martin, Pringle, Schell & Fair, of Wichita, argued the cause, and was on the brief for the appellants.

Robert C. Foulston, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and John E. Foulston, of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to recover the balance due on the sale of cattle under an oral sales contract. The action was defended on the theory that nothing was due the plaintiff because it failed to deliver a breeding herd of cattle in compliance with the oral sales contract, and the defendants counterclaimed for damages resulting from the plaintiff's breach of express...

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