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SCOTT v. STRICKLAND

No. 56,531

10 Kan. App. 2d 14 (1984)

691 P.2d 45

JIMMIE D. SCOTT and CECILIA T. SCOTT, Plaintiffs-Appellants, v. FORREST STRICKLAND, Defendant-Appellee, and JERRY WILSON, d/b/a WOODS-RINGSTAFF LUMBER COMPANY, a partnership, Plaintiff-Appellee, v. JIMMIE D. SCOTT and CECILIA T. SCOTT, Defendants-Appellants, FIRST NATIONAL BANK OF ELK CITY, KANSAS, Defendant-Appellant, and FORREST STRICKLAND, Defendant-Appellee.

Court of Appeals of Kansas.

Opinion filed November 21, 1984.

Attorney(s) appearing for the Case

Tom Crossan, of Independence, for appellants.

Stanley L. Basler, of Cherryvale, for appellee Jerry Wilson d/b/a Woods-Ringstaff Lumber Company.

Robert L. Eastman, of Becker, Hildreth, Eastman, Gossard, Bell and Hassenplug, of Coffeyville, for appellee Forrest Strickland.

Before MEYER, P.J., REES and PARKS, JJ.

PARKS, J.:

This appeal involves two cases which arose out of the same transaction and were consolidated for trial. In the first lawsuit, Jimmie D. Scott and Cecilia T. Scott brought an action against Forrest Strickland for breach of contract and breach of implied warranties of fitness and workmanship for his performance of a contract to construct a foundation and basement. Strickland counterclaimed for the amount allegedly due for the work performed. In the second...

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