Schick v. Warren Mortgage Co.

The opinion of the court was delivered by

Smith, J.:

This is the second time this case has been in this court on appeal. The former decision is-reported in Schick v. Warren, 82 Kan. 90, 109 Pac. 536, where a statement of the facts will be found. On the trial, from the result of which that appeal was based, the judgment was in favor of Schick, and the Warren Mortgage Company was the appellant. The judgment was reversed on the theory that it was a question of fact whether Parrish received the money as the agent of Schick or as the agent of the mortgage company, and it was held that in the…