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METROPOLITAN LIFE INS. CO. v. STRNAD

No. 70,379

255 Kan. 657 (1994)

876 P.2d 1362

METROPOLITAN LIFE INSURANCE COMPANY, Appellee, v. PAUL W. STRNAD, CYNTHIA KAY STRNAD, and JSB FARMS, INC., (FORMERLY KNOWN AS STRNAD FARM & RANCH, INC.), Appellants.

Supreme Court of Kansas.

Opinion filed June 3, 1994.

Attorney(s) appearing for the Case

Kyle L. Larson, of Goodland, argued the cause and was on the brief for appellants.

Martin W. Bauer, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, argued the cause, and Angela L. Rud, of the same firm, and Michael Curoe, of Metropolitan Life Insurance Company, were with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This involves a dispute as to the debtors' right to prepay the principal and interest of a promissory note and mortgage. The district court found that the debtors' right of prepayment was governed by the contract and granted summary judgment to plaintiff, the creditor. The debtors appealed, claiming that they had the right of prepayment of the note and mortgage at any time even though two dates for prepayment...

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