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AUGUSTA BANK & TRUST v. BROOMFIELD

No. 51,733

231 Kan. 52 (1982)

643 P.2d 100

AUGUSTA BANK & TRUST, Appellee, v. DON BROOMFIELD, JR., Appellant, v. PAUL MANN, Appellee, and DON BROOMFIELD, JR., Appellant, v. PAUL MANN, TOWN & COUNTRY BUSINESS TRUST and FIRST NATIONAL INVESTORS CORPORATION, Appellees, and DON BROOMFIELD, JR., Appellant, v. PAUL MANN, PHILIP HAMM, JAMES W. VESTRING, TWO CROW RANCH CORPORATION, A Kansas Corporation, TOWN AND COUNTRY BUSINESS TRUST, and FIRST NATIONAL INVESTORS CORPORATION, A Kansas Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Calvin McMillan, of Kaplan and McMillan, of Wichita, and Doyle E. White, Jr., of El Dorado, were on the brief for the appellant.

Philip A. Hamm, of Davis, Hamm & Manley, of El Dorado, was on the brief for appellee Philip A. Hamm.

R.A. Munroe, of Augusta, was on the brief for appellees Augusta Bank & Trust, Two Crow Ranch Corporation and James W. Vestring.

Cecil E. Merkel, of Merkel Chartered, of Wichita, was on the brief for appellees Paul Mann, Town & Country Business Trust and First National Investors Corporation.

The opinion of the court was delivered by

HERD, J.:

This is a consolidation of three cases. Case number 78 C 528, Augusta Bank & Trust v. Don Broomfield, was filed September 19, 1978. The bank claimed Broomfield owed $208,828.32 on a note. Broomfield counterclaimed, saying the bank induced him to take out the note to purchase heavy equipment, conspired to refuse to pay him for work done with the heavy equipment, and refused to collect on accounts...

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