PICKERING, EXECUTRIX v. HOLLABAUGH, EXECUTOR

No. 44,585

197 Kan. 766 (1966)

420 P.2d 1012

LILLIAN HUBBARD PICKERING, Executrix of the Estate of C.W. Pickering, Deceased, and LILLIAN HUBBARD PICKERING, Appellants, v. ZOE J. HOLLABAUGH, JR., Executor of the Estate of Zoe J. Hollabaugh, Deceased, and MARY L. HOLLABAUGH, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1966.


Attorney(s) appearing for the Case

A.D. Weiskirch, of Wichita, argued the cause, and F.C. McMaster and Stanford J. Smith, both of Wichita, were with him on the briefs for the appellants.

William R. Smith and H.E. Jones, both of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, and Robert J. O'Connor, all of Wichita, were with them on the briefs for the appellees.


The opinion of the court was delivered by

KAUL, J.:

This is an action to enforce specific performance of a contract for the exchange of real estate. The controversy stems from a dispute between the appellants-plaintiffs below (hereinafter referred to as Pickerings) and the appellees-defendants below (hereinafter referred to as Hollabaughs) as to the ability of the Pickerings to perform the contract according to its terms.

The contract in question was...

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