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MILDFELT v. LAIR

No. 48,115

221 Kan. 557 (1977)

561 P.2d 805

GERALD MILDFELT, Appellant, v. VIRGIL LAIR, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

Monte K. Heasty, of Quinlan, Scovel, Emert & Heasty, of Independence, argued the cause and was on the brief for the appellant.

Charles F. Forsyth, of Fleming & Forsyth, of Erie, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

Plaintiff, Gerald Mildfelt, commenced this action against Virgil Lair for damages for breach of contract, and later added an alternative claim based upon fraud and deceit. The trial court sustained defendant's motions for summary judgment against all of plaintiff's claims. The defendant's counterclaim for an accounting was tried to the court and judgment was entered against the plaintiff for $2,425.55,...

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