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KREHBIEL v. MILFORD

No. 38,744

173 Kan. 642 (1952)

250 P.2d 769

E.H. KREHBIEL, Appellee, v. L.W. MILFORD, Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1952.

Attorney(s) appearing for the Case

E.C. Minner and Harry A. Waite, both of Dodge City, and C.E. Vance, Clifford R. Hope, A.M. Fleming and Bertram J. Vance, all of Garden City, were on the briefs for the appellant.

Daniel R. Hopkins, of Garden City, argued the cause and Logan N. Green and Roland H. Tate, both of Garden City, were with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

SMITH, J.:

This was an action to collect a commission for the sale of real estate. The defendant has appealed from the trial court's order overruling his demurrer to plaintiff's evidence. At the conclusion of the trial plaintiff asked for a new trial on the issue of damages only. The trial court on its own motion allowed a new trial generally. The plaintiff has cross-appealed from that ruling.

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