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STRIPLING v. STAR LUMBER & SUPPLY CO., INC.

No. 47,581

216 Kan. 507 (1975)

532 P.2d 1101

RUBY M. STRIPLING, Appellant & Cross-Appellee, v. STAR LUMBER & SUPPLY CO., INC., Appellee & Cross-Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1975.

Attorney(s) appearing for the Case

Paul L. Thomas, of Arvin, Arvin, Busey and Thomas, Chartered, of Wichita, argued the cause and was on the brief for the appellant and cross-appellee.

Orlin L. Wagner, of Wichita, argued the cause and was on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FOTH, C.:

The issue in this appeal is whether the trial court's rendition of summary judgment was premature. Both parties contend that it was, and we agree.

Plaintiff, Ruby M. Stripling, brought this action against the Star Lumber & Supply Co., Inc., alleging that it had defrauded her of $1,350. She prayed for that amount in actual damages and also for $20,000 in exemplary damages. Her allegations, in substance...

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