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BUTLER v. WESTGATE STATE BANK

No. 49,696

226 Kan. 581 (1979)

602 P.2d 1276

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

Supreme Court of Kansas.

Opinion filed December 1, 1979.

Attorney(s) appearing for the Case

David L. McLane, of Pittsburg, argued the cause and was on the brief for the appellant.

Eileen Hiney, of McDowell, Rice & Smith, of Kansas City, argued the cause and was on the brief for the appellee, cross-appellant.

Donald F. Hoffman, of Hays, was on the brief amicus curiae for Kansas Trial Lawyers Association.

The opinion of the court was delivered by

HERD, J.:

This is an action brought by Thomas E. Butler against Westgate State Bank for damages arising out of breach of an alleged contract to make a loan. At trial, a jury awarded Butler $47,600, $40,000 of which was specified for lost profits. In response to the bank's post-trial motion, the trial court set aside the jury's award of $40,000, allowing the $7,600 judgment for plaintiff's out of pocket expenses. Plaintiff...

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