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OAK PARK INVESTMENT CO. v. LUNDY'S, INC.

No. 52,181

6 Kan. App. 2d 133 (1981)

626 P.2d 1236

OAK PARK INVESTMENT COMPANY, Appellant, v. LUNDY'S, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed April 24, 1981.

Attorney(s) appearing for the Case

James F. Davis, of Brown, Koralchik & Fingersh, of Kansas City, Missouri, and Ray L. Borth, of Cooke, Ballweg, Borth, Wilson & Simpson, of Prairie Village, for appellant.

No appearance by appellee.

Before JUSTICE FROMME, presiding, PARKS, J., and TYLER C. LOCKETT, District Judge, assigned.

FROMME, J.:

Oak Park Investment Company brought this action to recover for breach of a commercial lease. Judgment declaring a breach was entered against Lundy's, Inc., for unpaid rent and charges due under the lease. The commercial lease contained a provision authorizing recovery of attorney fees necessary to prosecute an action to recover damages in event of a breach of the lease by either party. The trial court found the reasonable amount of attorney fees incurred...

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