TONGISH v. THOMAS

No. 66,771

16 Kan. App. 2d 809 (1992)

829 P.2d 916

DENIS V. TONGISH, Appellee, v. DANNY THOMAS d/b/a NORTHWEST SEED, Defendant, and DECATUR COOP ASSOCIATION, Third-Party Intervenor/Appellant.

Court of Appeals of Kansas.

Opinion filed April 10, 1992.


Attorney(s) appearing for the Case

Charles A. Peckham, of Brown, Creighton & Peckham, of Atwood, for appellant.

H. Scott Beims, of Lewis & Beims, of Atwood, for appellee.

H. David Starkey, of Lowe, Starkey & Gatz, of Colby, for amicus curiae Kansas Grain and Feed Association.

Before ELLIOTT, P.J., DAVIS, J., and HERBERT W. WALTON, District Judge, assigned.


Aff'd 251 Kan. 728, 840 P.2d 471 (1992).

WALTON, J.:

The Decatur Coop Association (Coop) (third-party intervenor/appellant) appeals a breach of contract damages award it received from Denis Tongish (plaintiff/appellee), alleging damages should have been the difference between the market price of sunflower seeds and the contract price under...

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