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SINGER COMPANY v. MAKAD, INC.

No. 47,094

213 Kan. 725 (1974)

518 P.2d 493

THE SINGER COMPANY, a New Jersey Corporation, Appellee, v. MAKAD, INC., a Nevada Corporation, DAUM INDUSTRIES, INC., a Nevada Corporation, HARRY M. DAUM and KATHLEEN MARY ELLEN DAUM, Appellants, and EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York Corporation, THE EQUITABLE LIFE MORTGAGE AND REALTY INVESTORS, a Massachusetts Business Trust, Defendants.

Supreme Court of Kansas.

Opinion filed January 26, 1973.

Attorney(s) appearing for the Case

Terry L. Bullock, of Cosgrove, Webb & Oman, of Topeka, argued the cause, and Edward Larson, of Jeter and Larson, of Hays, was with him on the brief for the appellants.

John R. Cleary, of Linde, Thomson, Van Dyke, Fairchild & Langworthy, of Kansas City, Missouri, argued the cause, and Myron L. Listrom, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, was with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This action is brought under the declaratory judgment statute, K.S.A. 60-1701. It was initiated by The Singer Company, hereafter referred to as Singer or plaintiff, which, as lessee, executed lease agreements for space in two shopping centers, one at North Platte, Nebraska, and the other at Hays, Kansas, under dates of October 17, 1967, and November 22, 1967, respectively. The original lessors were Harry...

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