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CHAPMAN v. WARMBRODT

No. 39,027

175 Kan. 125 (1953)

259 P.2d 158

E.H. CHAPMAN, Appellee, v. FLOYD T. WARMBRODT and EDNA FRANCELE WARMBRODT, Appellants.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

Jay Scovel, of Independence, argued the cause and J.P. Gendusa, of Pittsburg, was with him on the briefs for the appellants.

R.L. Letton, of Pittsburg, argued the cause, and P.E. Nulton, of Pittsburg, and O.L. O'Brien and John F. O'Brien, both of Independence, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

Plaintiff brought this action April 7, 1952, to have set aside and canceled a deed which he had executed on June 5, 1950, to himself and defendants, with right of survivorship, on the ground that defendants had failed to perform conditions subsequent which constituted the principal consideration for the deed. In order that the contentions of the respective parties...

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