Merchants Transfer & Storage Co. v. Landowners Co.

The opinion of the court was delivered by

Harvey, J.:

This was an action upon a verified account for services alleged to have been performed under a contract between plaintiff and the sheriff acting as agent for appellant. The appeal is from an order overruling a demurrer to plaintiff’s amended petition.

The Landowners Company, as landlord, in a forcible detainer action, obtained a final judgment against its tenants, Pendry and wife, for the possession of a store building. (Landowners Company v. Pendry, 151 Kan. 674, 100 P. 2d 632; 127 A. L. R. 890.) The judgment affirmed by this court contained…