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BOWEN v. WESTERHAUS

No. 48,606

224 Kan. 42 (1978)

578 P.2d 1102

GEORGE BOWEN AND FARMERS INSURANCE GROUP, Appellants, v. W.H. WESTERHAUS d/b/a WESTERHAUS MOTOR COMPANY and UNIVERSAL UNDERWRITERS INSURANCE CO., Appellees.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

David S. Knudson, of King, Stokes, Knudson & Nitz, Chartered, of Salina, argued the cause and was on the brief for the appellants.

Christopher Randall, of Turner, Hensley & Boisseau, Chartered, of Great Bend, argued the cause and was on the brief for Universal Underwriters Insurance Company, appellee. John V. O'Donnell, of Ellsworth, was on the brief for W.H. Westerhaus d/b/a Westerhaus Motor Company, appellee.

The opinion of the court was delivered by

FROMME, J.:

The plaintiffs appeal from a summary judgment entered by the trial court. The trial court concluded the action was barred by the statute of limitations. The plaintiffs claim the defendants were estopped from defending on the basis of the statute of limitations.

The claim arose from the following facts gleaned from the pleadings, depositions and correspondence between the parties, which correspondence...

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