Noel v. Proud

189 Kan. 6 (1961)

367 P.2d 61

MARVIN D. NOEL, Appellee,

v.

G.O. PROUD, Appellant.

No. 42,352

Supreme Court of Kansas.

Opinion filed December 9, 1961.

John J. Alder, of Kansas City, argued the cause, and H.S. Roberts, also of Kansas City, was with him on the briefs for the appellant.

Stanley L. Lind, of Kansas City, and Vincent L. Bogart, of Wichita, argued the cause and were on the briefs for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action against a physician by a patient wherein breach of an express warranty is alleged as the basis for the recovery of damages.…