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CIMARRON FEEDERS v. BOLLE

Nos. 83,055, 84,518.

28 Kan. App.2d 439 (2001)

17 P.3d 957

CIMARRON FEEDERS, a Kansas partnership, in its own right, and as a member of and on behalf of CIMARRON DAIRY, L.C., Plaintiff/Appellee, v. JOHAN BOLLE, Defendant/Appellant, v. TIM DEWEY CATTLE CO., SCHARTZ CATTLE, INC., TIM DEWEY, JOE SCHARTZ, TIM DEWEY FARM & CATTLE CO., and SCHARTZ LAND, INC., Additional Defendants/Appellees.

Court of Appeals of Kansas.

Opinion filed January 5, 2001.

Attorney(s) appearing for the Case

J. Eugene Balloun and Scott C. Nehrbass, of Shook, Hardy & Bacon, L.L.P., of Overland Park, and Jack W. Shultz, of Shultz & Shultz, Chartered, of Dodge City, for the appellant.

Stephen M. Kerwick and David J. Rebein, of Foulston & Siefkin, L.L.P., of Wichita, for the appellees.

Before LEWIS, P.J., WAHL, S.J., and PATRICK D. MCANANY, District Judge, assigned.

LEWIS, J.:

Prior to 1994, appellant Johan Bolle was a dairy farmer in the state of Arizona, and Tom Dewey and Joe Schartz were operating a feedyard in Kansas under the name of Cimarron Feeders. At some point in 1994, Dewey and Schartz decided to go into the dairy business. Dewey and Schartz were not familiar with the dairy business, so they conducted a search for someone who was familiar with that type of business to join them in the venture. Bolle was the result...

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