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MITCHELL v. MITCHELL

No. 38,296

172 Kan. 212 (1952)

239 P.2d 979

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

Supreme Court of Kansas.

Opinion on rehearing filed January 26, 1952.

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 and Millo M. Unruh, both of Wichita, argued the cause; Lester C. Arvin, of Wichita; J.R. Rhodes and George Lehmberg, both of McPherson, were with them on the briefs for the appellee.

OPINION ON REHEARING

The opinion of the court was delivered by

SMITH, J.:

This appeal was considered and passed on July 3, 1951. (See Mitchell v. Mitchell, 171 Kan. 390, 233 P.2d 517.) At that time the judgment of the trial court was reversed. A rehearing was allowed and it was again finally submitted in December, 1951.

The action was for specific performance of a...

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