MITCHELL v. MITCHELL

No. 38,296

171 Kan. 390 (1951)

233 P.2d 517

SYLVIA J. MITCHELL, Appellee, v. JEFFERSON W. MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1951.


Attorney(s) appearing for the Case

Carl V. Rice, of Kansas City, argued the cause and John K. Bremyer, of McPherson, was with him on the briefs for the appellant.

Richard F. Mullins, of Wichita, argued the cause and Lester C. Arvin and Milo M. Unruh, both of Wichita, and George R. Lehmberg and J.R. Rhodes, both of McPherson, were with him on the briefs for the appellee.


The opinion of the court was delivered by

SMITH, J.:

This was an action for specific performance of written contracts, or in the event specific performance could not be had, the recovery of money. Judgment was for the plaintiff decreeing specific performance. The defendant has appealed.

The petition was in what the plaintiff denominated three counts.

In count 1 the petition alleged that on the 20th day of February, 1945, plaintiff and defendant...

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