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CLARK v. LARKIN

No. 38,498

172 Kan. 284 (1952)

239 P.2d 970

OPAL E. CLARK and BERNICE G. MUSSER, Appellees v. JOHN P. LARKIN, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

Harry W. Saums, of Wichita, argued the cause, and Lloyd F. Cooper and W. Jay Esco, both of Wichita, were with him on the briefs for the appellant.

Robert Y. Jones, of Hutchinson, argued the cause, and Roy C. Davis, Frank S. Hodge and Eugene A. White, all of Hutchinson, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order overruling a demurrer to an amended petition in an action for damages for breach of an alleged oral contract for the sale of certain real estate in the city of Hutchinson.

The question is whether a written memorandum (hereinafter set out) is a sufficient compliance with the statute of frauds.

The factual background of the matter, as alleged in the amended petition...

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