Bushey v. Coffman

The opinion of the court was delivered by

Johnston, C. J.:

This case was here before upon an appeal from a ruling sustaining a demurrer to plaintiff’s evidence. It was then determined that the uncontradicted evidence of the plaintiff was sufficient to overcome the demurrer and the judgment was therefore reversed. (Bushey v. Coffman, 103 Kan. 209, 173 Pac. 341.) Upon a remand of the case for another trial, the defendant with leave of the court filed an amended answer alleging that the plaintiff had waived any claim he may have had for damages by taking charge of the bank and operating it for…