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EMPORIA PLUMBING & HEATING CO. v. NOLAND

No. 39,412

177 Kan. 35 (1954)

276 P.2d 296

EMPORIA PLUMBING AND HEATING CO., Incorporated, Appellee, v. JOHN NOLAND, Appellant.

Supreme Court of Kansas.

Opinion filed November 13, 1954.

Attorney(s) appearing for the Case

Roscoe W. Graves, of Emporia, argued the cause and was on the briefs for the appellant.

Elvin D. Perkins, of Emporia, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This was an action to recover damages for failure to perform a contract. The plaintiff recovered and the defendant appeals.

The plaintiff, Emporia Plumbing and Heating Co., Inc., is a plumbing and heating company with its principal place of business at Emporia. The defendant, John Noland, is a cement contractor living in the same city. On March 21, 1952, the parties entered into a written contract...

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