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BATES & SON CONSTRUCTION CO. v. BERRY

No. 47,557

217 Kan. 322 (1975)

537 P.2d 189

TRAVIS BATES, d/b/a BATES & SON CONSTRUCTION CO., INC., Appellant, v. JAMES BERRY, d/b/a ST. JOE HOUSE MOVERS and d/b/a BONANZA HOUSE MOVERS, Appellee.

Supreme Court of Kansas.

Opinion filed June 14, 1975.

Attorney(s) appearing for the Case

J.R. Russell, of Kansas City, argued the cause and was on the brief for the appellant.

Charles P. Fleming, Jr., of Shawnee Mission, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an appeal from an order setting aside a default judgment. The facts are not seriously in dispute.

So far as we can tell from a confusing and inadequate record the plaintiff, to whom we shall sometimes refer as Bates, is in the construction business. Sometime during the year 1973 he purchased from the Missouri Highway Commission a number of houses which had been acquired in condemnation...

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