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BOOK v. EVERITT LUMBER CO., INC.

No. 47,752

218 Kan. 121 (1975)

542 P.2d 669

ELDON BOOK and ROBERTA BOOK, Appellant, v. EVERITT LUMBER COMPANY, INC., a Corporation, and PAUL GAY, d/b/a PAUL GAY CONSTRUCTION CO., Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1975.

Attorney(s) appearing for the Case

John F. Christner, of Romine and Christner, of Abilene, argued the cause and was on the brief for the appellants.

Robert L. Marietta, of Marietta and Kellogg, of Salina, argued the cause and was on the brief for appellee, Everitt Lumber Company, Inc.

The opinion of the court was delivered by

KAUL, J.:

The litigation involved in this appeal was initiated by appellants-landowners, Eldon and Roberta Book, who filed an action under K.S.A. 60-1108, to secure early adjudication of a mechanic's lien filed by appellees against the Books' newly constructed house. This appeal is from an order nunc pro tunc entered by the trial court in the original action two years after the original action was terminated...

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