Weaver v. Frazee

The opinion of the court was delivered by

Foth, C.:

These are separate appeals by W. B. Weaver from orders dismissing two separate actions brought by him in the district court of Kiowa county. Since both actions arose out of the same transaction and the parties defendant overlap the appeals were consolidated for oral argument and are hereby consolidated for decision. Both cases were dismissed on the defendants’ respective motions under K. S. A. 1974 Supp. 60-212 (b) (6) for failure to state a claim upon which relief can be granted. The ultimate issue before us is whether either petition stated…