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MISSOURI WATCH & SUPPLY CO. v. WASHBURN

Nos. 38,406, 38,408

171 Kan. 648 (1951)

237 P.2d 259

MISSOURI WATCH AND SUPPLY COMPANY, Appellant, v. RALPH EUGENE WASHBURN, DELBERT WORCESTER, and FARMERS AND MERCHANTS BANK OF HILL CITY, a Banking Corporation, Appellees. NORMAN S. STEIFEL COMPANY, Appellant, v. RALPH EUGENE WASHBURN, DELBERT WORCESTER, and FARMERS AND MERCHANTS BANK OF HILL CITY, a Banking Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

C.E. Birney, of Hill City, argued the cause, and W.W. Justus, of Hill City, was with him on the briefs for the appellants.

Kenneth Clark, of Hoxie, argued the cause, and Marion W. Chipman, of Hill City, and W.H. Clark, of Hoxie, were with him on the briefs for the appellee, Delbert Worcester.

The opinion of the court was delivered by

PRICE, J.:

The appeal in each of these consolidated cases is from an order striking the second amended petition. The issues and question involved are identical and they will be treated as one case.

Plaintiff is a wholesale jewelry distributor and brought this action for the recovery of money. The petition alleged that the defendants, Worcester and Washburn, operated a jewelry store in Hill City, as partners...

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