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BUTLER v. WESTGATE STATE BANK

No. 49,696

3 Kan. App. 2d 403 (1979)

596 P.2d 156

THOMAS E. BUTLER, Appellant & Cross-Appellee, v. WESTGATE STATE BANK, Appellee & Cross-Appellant. Reversed .

Court of Appeals of Kansas.

Opinion filed June 15, 1979.

Attorney(s) appearing for the Case

David L. McLane, of Pittsburg, for the appellant and cross-appellee.

Eileen Hiney, of McDowell, Rice and Smith, of Kansas City, for the appellee and cross-appellant.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

FOTH, C.J.:

This is an action by Thomas E. Butler against the Westgate State Bank for damages for breach of an alleged contract to make a $30,000 loan. Plaintiff proposed to use the loan proceeds to purchase a franchise for the production and sale of area telephone directories in the metropolitan Kansas City area. A jury awarded plaintiff $47,600, specifying in answer to a special question that $40,000 of that amount was for lost profits.

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