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MILLER v. SIRLOIN STOCKADE

No. 48,589

224 Kan. 32 (1978)

578 P.2d 247

JOHN P. MILLER d/b/a WHOLESALE PRODUCE CO., Appellant, v. SIRLOIN STOCKADE, Appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Philip R. Herzig, of Salina, argued the cause and was on the brief for the appellant.

Jack N. Stewart, of Hampton, Royce, Engleman & Nelson, of Salina, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

The plaintiff, John P. Miller, commenced this action against defendant, Sirloin Stockade, Inc., seeking damages for breach of an alleged oral contract whereby the plaintiff agreed to sell and the defendant agreed to buy all of the potatoes and other produce required by defendant's seven restaurants in Kansas and Nebraska during the calendar year 1974. Plaintiff appeals from summary judgment entered by the...

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