Burdick v. Carbondale Investment Co.

The opinion of the court was delivered by

Clark A. Smith, J.:

This case has been in this court twice before (Investment Co. v. Burdick, 58 Kan. 517, 50 Pac. 442, and Investment Co. v. Burdick, 67 id. 329, 72 Pac. 781.) In the latter ease the cause of action was pending on a petition almost identical with the one now under consideration, with respect to the allegation of damage from the premature bringing of the former action and the allegation of damage for the breach of a written contract. This court then held that the petition stated, or attempted to state, two causes of action. (67 Kan. 333,…