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M & W DEVELOPMENT, INC. v. EL PASO WATER CO.

No. 52,333

6 Kan. App. 2d 735 (1981)

634 P.2d 166

M & W DEVELOPMENT, INC., Appellee, v. EL PASO WATER COMPANY, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed October 2, 1981.

Attorney(s) appearing for the Case

Robert J. O'Connor, of Hershberger. Patterson, Jones & Roth, of Wichita, for appellant.

Jerry L. Griffith, of Derby, for appellee.

Before FOTH, C.J., ABBOTT and SWINEHART, JJ.

ABBOTT, J.:

The defendant, El Paso Water Company, Inc., (El Paso) appeals from a judgment against it for $151,826.07, contending the maximum judgment should be $19,707.89. The case involves the due date and manner in which the plaintiff, M & W Development, Inc. (M & W), may recover funds it advanced to El Paso to finance the extension of water lines in the city of Derby, Kansas. The total amount owing M & W is not in dispute.

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