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MID-CONTINENT LIFE INS. CO. v. HENRY'S, INC.

No. 47,158

214 Kan. 350 (1974)

520 P.2d 1319

MID-CONTINENT LIFE INSURANCE COMPANY, a corporation, Appellant, v. HENRY'S INC., a Kansas corporation, LEO LEVITT and ISADORE LEVITT, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Paul R. Kitch, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Gerrit H. Wormhoudt and Willard B. Thompson, of the same firm, were with him on the brief for the appellant.

Walter C. Williamson, of Kidwell, O'Keefe and Williamson, of Wichita, argued the cause, and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is a dispute between the lessor and lessee of a a commercial building as to who has the duty to rebuild an exterior wall. The action was brought by the plaintiff-appellant, Mid-Continent Life Insurance Company, as lessor, against Henry's, Inc., the defendant-appellee, as lessee. We will refer to the Mid-Continent Life Insurance Company as Mid-Continent or...

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