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CHETOPA STATE BANCSHARES, INC. v. FOX

No. 51,887

6 Kan. App. 2d 326 (1981)

628 P.2d 249

CHETOPA STATE BANCSHARES, INC., A KANSAS CORPORATION, Plaintiff-Appellant, v. GEORGE A. FOX, Individually; LILLIAN M. FOX, GEORGE A. FOX, Trustee for KATHY MORRISON, TIMMY LAMB and DAVID LAMB, FOX INVESTMENT COMPANY, INC., CATHY J. LAMB, AMY JONES, MILES FALKENSTEIN, FRANK ALBERTINI, GLENN JONES and JACK RORSCHACH, Defendants-Appellees.

Court of Appeals of Kansas.

Opinion filed May 15, 1981.

Attorney(s) appearing for the Case

Randy S. Stalcup, of Kidwell & Williamson, Chartered, of Wichita, for appellant.

Charles F. Forsyth, of Erie, for appellees.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

Petition for review denied 229 Kan. 669.

WOLESLAGEL, J.:

As parts of a contract for the sale of the stock of the Chetopa State Bank, the defendants, as stockholder-sellers, provided two indemnity clauses in favor of the purchaser who assigned his rights to the plaintiff.

The first provision related to claims or debts then existing, "or growing out of this Stock Purchase Agreement."

The second provision related to expense "at any time after...

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