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SECURITY STATE BANK v. MIDWEST FOUNDRY

No. 39,440

177 Kan. 151 (1954)

277 P.2d 629

SECURITY STATE BANK OF GREAT BEND, KANSAS, Appellant, v. MIDWEST FOUNDRY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1954.

Attorney(s) appearing for the Case

Barton Carothers, of Great Bend, argued the cause and was on the briefs for the appellant.

Stanley E. Wisdom of Wichita, argued the cause and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, S.C. Durbin, J. Francis Hesse, and James W. Sargent, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover money. Judgment was entered for the plaintiff for a lesser amount than was asked in the petition due to a set-off allowed the defendant. The plaintiff has appealed.

The plaintiff, a banking corporation, alleged the defendant, Midwest Foundry, Inc., became indebted to the Spencer-Tobias Drilling Co., Inc. upon an account in the sum of $2424.92, and Spencer-Tobias had...

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