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ALEXANDER v. SMITH

No. 38,222

171 Kan. 83 (1951)

229 P.2d 1022

L.D. ALEXANDER and O.G. GOODNIGHT, Partners, doing business under the trade name of L.D. ALEXANDER, Appellants, v. JOHN C. SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

Dale M. Stucky, of Wichita, argued the cause, and Robert C. Mayse, of Ashland, and Howard T. Fleeson, Homer v. Gooing and Wayne Coulson, all of Wichita, were with him on the briefs for the appellants.

James A. Williams, of Dodge City, argued the cause, and C. W. Hughes, of Dodge City, and F.N. Cossman, of Ashland, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from orders of the lower court overruling plaintiffs' motion to strike defendant's second amended answer and counterclaims, and overruling plaintiffs' demurrer to the second amended answer and to each counterclaim contained therein, in an action commenced September 30, 1949, to recover the rental value of certain pasture lands based on an alleged...

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