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KANSAS SAVINGS & LOAN ASS'N v. RICH ECKEL CONSTR. CO.

No. 48,508

223 Kan. 493 (1978)

576 P.2d 212

KANSAS SAVINGS AND LOAN ASSOCIATION, a corporation, Plaintiff-Appellee, v. RICH ECKEL CONSTRUCTION CO., INC., et al., Defendants, and ROBERT B. OLSEN, MERRILL R. TALPERS, and DAVID A. WELTE, d/b/a OLSEN, TALPERS and WELTE, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

Hugh O'Donnell, of Olsen and Talpers, of Kansas City, Missouri, argued the cause, and Charles R. Schnider, of Schnider, Shamberg, and May, Chartered, of Shawnee Mission, and Merrill R. Talpers, of Olsen and Talpers, of Kansas City, Missouri, were on the brief for the appellants.

Roy S. Bennett, Jr., of Shawnee, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal from a mortgage foreclosure rendered in favor of the plaintiff-appellee, Kansas Savings and Loan Association, a lending agency with its offices located in Shawnee Mission, Kansas. The defendant, Rich Eckel Construction Company, Inc., is a corporate real estate developer in Johnson county. The defendants, Robert B. Olsen, Merrill R. Talpers, and David A. Welte, are partners in a firm engaged...

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