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SALINA COCA-COLA BOTTLING CORP. v. ROGERS

No. 38,428

171 Kan. 688 (1951)

237 P.2d 218

THE SALINA COCA-COLA BOTTLING CORP., Appellee and Cross-appellant, v. ALPHA D. ROGERS, otherwise known as ALPHA ROGERS, Appellant and Cross-appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

Ralph H. Noah and Thomas H. Conroy, both of Beloit, argued the cause and were on the briefs for the appellant and cross-appellee.

R.L. Hamilton, of Beloit, argued the cause and was on the briefs for appellee and cross-appellant.

The opinion of the court was delivered by

WEDELL, J.:

This was an action by a tenant against the landlord for reimbursement of rents paid in advance over the full period of a term lease in accordance with the provisions of the lease contract, the building having been destroyed by fire before the expiration of the term. The defendant's answer pleaded as a defense that the fire was occasioned by plaintiff's, the tenant's, negligence. The defendant also filed...

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