BONANZA, INC. v. McLEAN

No. 59,953

242 Kan. 209 (1987)

747 P.2d 792

BONANZA, INC., Plaintiff/Appellee, v. E.A. McLEAN, Defendant/Appellant, v. JACK R. HUNT, CITY OF WICHITA, and SOUTHWEST NATIONAL BANK, Third-party Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1987.


Attorney(s) appearing for the Case

Kurt A. Harper, of Sherwood, Hensley & Harper, of Wichita, argued the cause and was on the briefs for the appellant.

James D. Oliver, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Jerry G. Elliott, of the same firm, was with him on the brief for the appellee, Bonanza, and third-party defendant/appellee, Jack R. Hunt.

Thomas R. Powell, interim city attorney, argued the cause and was on the brief for appellee, City of Wichita.

John Terry Moore, of Moore & Rapp, P.A., of Wichita, argued the cause and was on the brief for third-party defendant/appellee, Southwest National Bank.


The opinion of the court was delivered by

PRAGER, C.J.:

This is an action brought by Bonanza, Inc., the lessee under a 92-year lease of land for commercial purposes, for a declaratory judgment that the lease was in full force and effect. Bonanza also sought damages for breach of contract. The original lessor was Sweetbriar Gardens, Inc., which was later dissolved. The defendant, E.A. McLean, became the sole owner...

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