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DAVIS v. SHAWLER

No. 47,254

214 Kan. 501 (1974)

520 P.2d 1270

DALE DAVIS, Appellee, v. WILLIAM J. SHAWLER, DeMARIS ELLEN SHAWLER, L.E. SHAWLER, Appellees, and PHIL FUNK, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Jack Dalton, of Mangan, Dalton and Trenkle, of Dodge City, argued the cause and was on the brief for the appellant.

Thomas C. Boone, of Hays, argued the cause and was on the brief for appellee Dale Davis.

No appearance for appellees William J. Shawler, DeMaris Ellen Shawler and L.E. Shawler.

The opinion of the court was delivered by

HARMAN, C.:

This is a partition action in which rights of a tenant became involved. Construction and application of termination clauses in a lease form the principal issue. Trial to the court resulted in judgment adverse to the tenant and he has appealed.

There is little dispute as to the facts. L.E. (Eugene) Shawler, William J. Shawler and L.J. Shawler owned as tenants...

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