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NELSON v. HY-GRADE CONSTRUCTION & MATERIALS, INC.

No. 47,437

215 Kan. 631 (1974)

527 P.2d 1059

HOWARD NELSON, Appellee, v. HY-GRADE CONSTRUCTION AND MATERIALS, INC., A CORPORATION, Appellant.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Charles F. Forsyth and Richard G. Tucker, of Erie, argued the cause and Clark M. Fleming, also of Erie, was with them on the brief for the appellant.

Robert V. Talkington, of Iola, argued the cause, and J.D. Conderman, also of Iola, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an action to recover possession of two conveyors, as well as damages for their wrongful detention. Plaintiff Howard Nelson was awarded possession of both conveyors and damages in the sum of $370.00 per month for the period of wrongful detention. Defendant Hy-Grade Construction & Materials, Inc., appeals, alleging there was a valid contract of sale for the conveyors and the detention was not...

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