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SPIKES v. BAUER

No. 52,063

6 Kan. App. 2d 45 (1981)

626 P.2d 816

WARREN W. SPIKES, Appellant, v. RAYMOND BAUER and DEAN PAINTER, Appellees.

Court of Appeals of Kansas.

Opinion filed April 17, 1981.

Attorney(s) appearing for the Case

Kathleen M. Boelte, of Concannon, Boelte & Boelte, of Sublette, for appellant.

Curtis E. Campbell, of Frigon & Campbell, Chartered, of Cimarron, for appellees.

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

FROMME, J.:

Plaintiff Warren W. Spikes sues for damages resulting from the refusal of defendant Dean Painter to perform under a contract to sell hay to Raymond Bauer.

Spikes contracted with Bauer to purchase hay from him at $40.00 per ton. Painter contracted with Bauer to sell him 130 acres of growing hay for $27.00 a ton. Bauer baled some of the hay and stacked the balance on the premises. He removed the baled hay without paying for the same. Painter then...

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