Armstrong v. Lowell H. Listrom & Co.

Davis, J.:

Plaintiff filed an action under the small claims procedure act, K.S.A. 61-2701 et seq., and demanded judgment for $227.13 plus costs and interest. The small claims court granted plaintiff a judgment for $198.31 plus costs. Defendant then appealed to the district court, which tried the case de novo pursuant to K.S.A. 61-2709(a). The district court granted judgment to plaintiff for $1,445.48 and costs, including a $500 attorney fee. Defendant appeals.

We do not discuss the issues raised by defendant because the disposition of this case depends upon the resolution of an issue raised sua…