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CRESTVIEW BOWL, INC. v. WOMER CONSTR. CO.

No. 49,241

225 Kan. 335 (1979)

592 P.2d 74

CRESTVIEW BOWL, INC., Appellee, v. WOMER CONSTRUCTION CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed February 24, 1979.

Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and John F. Eberhardt and Richard D. Ewy, of the same firm, and William P. Higgins, of Wichita, were on the brief for the appellant.

Everett C. Fettis, of Wichita, argued the cause, and David R. McClure, also of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action for judicial determination of the rights and obligations of the parties under a written real estate lease. The declaratory judgment action was brought by the tenant, Crestview Bowl, Inc., who is plaintiff-appellee. The landlord-defendant, Womer Construction Co., Inc., counterclaimed for $24,971.52 allegedly due under the lease. The trial court...

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