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QUIVIRA, INC. v. QUIVIRA CO., INC.

No. 38,696

173 Kan. 339 (1952)

245 P.2d 972

QUIVIRA, INC., a corporation, Appellant, v. QUIVIRA COMPANY, INC., a corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

John E. Shamberg, of Kansas City, argued the cause, and Thomas H. Finigan and Charles S. Schnider, both of Kansas City, were with him on the briefs for the appellant.

T.F. Railsback and N.E. Snyder, both of Kansas City, argued the cause, and were on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action originally commenced on January 14, 1948, to compel the defendant to convey certain lots which comprised only a portion of real estate described in an option agreement between the defendant and plaintiff's assignors. As the result of a motion to make definite and certain, on May 1, 1951, an amended petition was filed. A demurrer thereto was sustained June 28, 1951, and on July 14, 1951...

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