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MARCELLUS v. K.O.V., INC.

No. 51,700

5 Kan. App. 2d 339 (1980)

615 P.2d 170

GLEN MARCELLUS, Appellant, v. K.O.V., INC., et al., Appellees.

Court of Appeals of Kansas.

Opinion filed August 22, 1980.

Attorney(s) appearing for the Case

Robert M. Miles, of Liberal, for the appellant.

Tom R. Smith of Frey, Smith & Schmidt, of Liberal, for the appellee K.O.V., Inc.

Before FOTH, C.J., REES and SPENCER, JJ.

SPENCER, J.:

Plaintiff has appealed from summary judgment entered in favor of defendant. An agreed statement of facts reveals:

"On February 26, 1979, a fire occurred in a building at 633 South Kansas in Liberal, Kansas. The building was owned by Glen Marcellus and was leased to K.O.V., Inc., under an oral lease agreement that contained only two (2) provisions: (1) the lessee pay rent of Six Hundred Dollars ($600.00) per month and (2) the lessee was responsible...

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