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ELY v. DEAVER

No. 47,466

216 Kan. 352 (1975)

532 P.2d 1105

H.K. ELY and JANET ELY, Appellants, v. MIKE DEAVER and LAWRENCE DEAVER, Appellees.

Supreme Court of Kansas.

Opinion filed March 1, 1975.

Attorney(s) appearing for the Case

Lelyn J. Braun and J. Stephen Nyswonger, of Garden City, were on the brief for appellants.

Ray H. Calihan, Jr., of Calihan, Green, Calihan and Loyd, of Garden City, was on the brief for appellees.

MEMORANDUM OPINION

Per Curiam:

The plaintiffs sued to recover on an indebtedness represented by a promissory note in the amount of $1,860. In their petition, plaintiffs admitted payments had been made and that they did not know the amount of the unpaid balance. The plaintiffs alledged that the defendants knew the balance due on the promissory note. Defendants admitted liability for $84.35. There was testimony on both sides, but no evidence on the actual...

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