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GRABER v. TENNANT

No. 38,649

173 Kan. 577 (1952)

250 P.2d 816

BEN A. GRABER (Plaintiff) v. STANLEY M. TENNANT and MASON TENNANT, doing business as Tennant Realty Company, Appellants, ELLA SHIVE and ROY SHIVE, Appellees (Defendants).

Supreme Court of Kansas.

Opinion filed December 6, 1952.

Attorney(s) appearing for the Case

B.A. Earhart, of Hutchinson, argued the cause, and Aubrey V. Earhart, of Hutchinson, was with him on the briefs for the appellants.

Don Shaffer and Abraham Weinlood, both of Hutchinson, were on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

The present appeal is concerned with the right of the defendants Tennant to recover an agent's commission for selling real estate belonging to the defendants Shive, and grows out of the following.

Under date of November 22, 1943, Ben A. Graber made a written offer to purchase certain real estate in Reno county owned by the Shives for a total consideration of $8,250, made up of cash payments and...

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