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BROCE-O'DELL CONCRETE PROD. v. MEL JARVIS CONSTR.

No. 52,126

6 Kan. App. 2d 757 (1981)

634 P.2d 1142

BROCE-O'DELL CONCRETE PRODUCTS, INC., Appellant, v. MEL JARVIS CONSTRUCTION CO., INC., Appellee.

Court of Appeals of Kansas.

Opinion filed October 15, 1981.

Attorney(s) appearing for the Case

Terry J. Malone and B.G. Larson, of Williams, Larson, Voss, Strobel & Estes, of Dodge City, for the appellant.

Jack E. Dalton, of Mangan, Dalton & Trenkle, of Dodge City, for the appellee.

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

FOTH, C.J.:

The primary issue in this case is whether our comparative negligence statute is applicable in an action for consequential damages for breach of contract. We hold it is not.

The controversy arose out of the construction of eighteen concrete grain storage cylinders at a grain elevator at Howell, Kansas. In the fall of 1976 the elevator owner, Dodge City Cooperative Exchange, contracted with Farmland Industries of Kansas City, Missouri, to build the...

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