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AMORTIBANC INV. CO. v. RAMPART ASSOC. MANAGEMENT

No. 52,083

6 Kan. App. 2d 227 (1981)

627 P.2d 389

AMORTIBANC INVESTMENT COMPANY, INC., Plaintiff, v. RAMPART ASSOCIATED MANAGEMENT, INC., KENNETH D. McNAUGHTON, (Defendant-Appellant) RODICA McNAUGHTON, LEE J. BAKER, MARSHALL GREGORY, CAROLYN GREGORY, STAR LUMBER AND SUPPLY COMPANY, INC., COLOR TILE SUPERMART, INC., GAS SERVICE COMPANY, ARCHITECTURAL LIGHTING, INC., LESTER UNREIN d/b/a UNREIN EXCAVATION, PPG INDUSTRIES, INC., ACME BRICK COMPANY, DELBERT CROWL CO., INC., (Defendant-Appellee) and CASEY'S CORNER, INC., Defendants.

Court of Appeals of Kansas.

Opinion filed May 1, 1981.

Attorney(s) appearing for the Case

Alexander B. Mitchell, of Sargent, Klenda, Haag & Mitchell, of Wichita, for appellant.

Don W. Riley, of Wichita, for appellee.

Before JUSTICE MILLER, presiding, REES, J., and STEVEN P. FLOOD, District Judge, assigned.

MILLER, J.:

In an action on a contract, does a judgment against the initially undisclosed principal operate to release and discharge the agent from liability on the contract? That is the issue in this foreclosure action.

Delbert Crowl Co., Inc., entered into a contract with Kenneth D. McNaughton to supply and install air-conditioning equipment in a residence being constructed in Sedgwick County. Crowl performed...

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