Hendricks v. Wichita Federal Savings & Loan Ass'n

The opinion of the court was delivered by

Dawson, C. J.:

This is the second appearance of this case. (156 Kan. 124, 131 P. 2d 889.) The last trial below resulted in a hung *652jury, and the cause is again brought here to determine questions which may be justiciable by intermediate appeal.

Plaintiff’s action is one to recover a money judgment against the defendant loan company and also against John R. Cauthorn its vice-president. The basis of the action, in its least controversial aspects, appears to have been about as follows:

Some years ago one Charles L. Morton was a building contractor in Wichita.…