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FIRST NAT'L BANK OF GAYLORD v. AUTREY

No. 55,060

9 Kan. App. 2d 96 (1983)

673 P.2d 448

FIRST NATIONAL BANK OF GAYLORD, GAYLORD, KANSAS, Appellant, v. LAURA M. AUTREY, Appellee, v. JAMES R. MARTIN, Defendant.

Court of Appeals of Kansas.

Opinion filed December 22, 1983.

Attorney(s) appearing for the Case

Michael S. Holland, of Russell, for the appellant.

Norman R. Kelly, of Norton, Wasserman, Jones & Kelly, of Salina, for the appellee.

Before FOTH, C.J.; TERRY L. BULLOCK, District Judge, Assigned; and FREDERICK WOLESLAGEL, District Judge, Retired, Assigned.

BULLOCK, J.:

James Martin sold his interest in the Bank of Gaylord. In connection with the sale, James contracted with the Bank to provide consulting services, for which James was to be paid $11,225 each year for three years. Thereafter, James fell upon hard times, both financially and domestically. As a result, James borrowed substantial sums from the Bank and "orally assigned" to the Bank his right to compensation under the consulting contract to secure the repayment...

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