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WINGERT v. MOUSE

No. 38,792

174 Kan. 239 (1953)

255 P.2d 1007

CARRIE M. WINGERT, Appellee, v. O.M. MOUSE, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1953.

Attorney(s) appearing for the Case

Owen S. Samuel, of Emporia, argued the cause and was on the briefs for the appellant.

Earl B. Shurtz, of Emporia, argued the cause, and Clarence V. Beck and Samuel Mellinger, both of Emporia, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action by an owner of property against a real-estate broker for cancellation of an agreement whereby plaintiff listed property for sale with defendant and for the recovery of $900 which it was claimed defendant obtained by a breach of such agreement.

Briefly stated, the action was predicated on the theory defendant obtained the listing of plaintiff's property from plaintiff, an aged...

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