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LOHMEYER v. BOWER

No. 38,110

170 Kan. 442 (1951)

227 P.2d 102

KENNETH L. LOHMEYER, Appellant, v. CARL A. BOWER, JR., ANNA S. BOWER and TED NEWCOMER, d/b/a Newcomer Agency, Appellees.

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

Roscoe W. Graves, of Emporia, argued the cause and was on the briefs for the appellant.

Richard Mankin, of Emporia, argued the cause, and James W. Putnam, of Emporia, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This action originated in the district court of Lyon county when plaintiff filed a petition seeking to rescind a contract in which he had agreed to purchase certain real estate on the ground title tendered by the defendants was unmerchantable. The defendants Bower and Bower, husband and wife, answered contesting plaintiff's right to rescind and by cross-petition asked specific performance of the contract...

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