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WELLS v. STATE BANK OF KINGMAN

No. 76,817.

24 Kan. App.2d 394 (1997)

945 P.2d 418

DUANE D. WELLS, Appellant, v. STATE BANK OF KINGMAN, Appellee.

Court of Appeals of Kansas.

Opinion filed September 26, 1997.

Attorney(s) appearing for the Case

Calvin McMillan, of Kaplan, McMillan & Harris, of Wichita, and Theodore C. Geisert, of Geisert, Wunsch & Watkins, of Kingman, for appellant.

David D. Gaumer, of Gaumer & McClellan Law Offices, of Kingman, for appellee.

Charles N. Henson, of Wright, Henson, Somers, Sebelius, Clark & Baker, L.L.P., of Topeka, for amicus curiae The Kansas Bankers Association.

Before GERNON, P.J., ELLIOTT, J., and THOMAS H. BORNHOLDT, District Judge, assigned.

ELLIOTT, J.:

Duane E. Wells sued the State Bank of Kingman (Bank), claiming the Bank breached an oral agreement to extend loans to Wells pursuant to a comprehensive Farm and Home Plan entered into between Wells and the Farmers Home Administration (FmHA). The trial court granted summary judgment in favor of the Bank, ruling that Wells' claim was barred by the statute of frauds, K.S.A. 16-118.

Wells appeals and we affirm. The trial court permitted Wells to file...

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