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TIMI v. PRESCOTT STATE BANK

No. 48,028

220 Kan. 377 (1976)

553 P.2d 315

GERALD P. TIMI and TOM TIMI, GERALD P. TIMI and TOM TIMI, d/b/a TIMI BROTHERS, and PETE TIMI, Appellants, v. PRESCOTT STATE BANK, a corporation, and R.G. MURROW, Appellees.

Supreme Court of Kansas.

Opinion filed July 23, 1976.

Attorney(s) appearing for the Case

Richard G. Tucker, of Erie, argued the cause, and Charles F. Forsyth and Clark M. Fleming, both of Erie, were with him on the brief for the appellants.

Richard L. Roberts, of Olathe, argued the cause, and George A. Lowe, of Olathe, was with him on the brief for appellee Prescott State Bank.

No appearance for appellee R.G. Murrow.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for a money judgment by three individuals engaged in the cattle business against a bank and one of its officers, based upon their guaranty of payment for cattle sold by plaintiffs to a cattle buyer and misrepresentation as to the cattle buyer's financial ability. Plaintiffs appeal from the rendition of summary judgment against them (summary judgment was not granted as to one transaction...

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