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STAPLETON v. HARTMAN

No. 38,924

174 Kan. 468 (1953)

257 P.2d 113

THOMAS L. STAPLETON and RUTH I. STAPLETON, Appellees, v. VICTOR MENDOZA and ROSE MENDOZA, Appellees, L.A. HARTMAN and FRANK CONSTANT, Appellants.

Supreme Court of Kansas.

Opinion filed May 9, 1953.

Attorney(s) appearing for the Case

Floyd A. Sloan, of Topeka, argued the cause, and W. Glenn Hamilton, Eldon Sloan, and James W. Sloan, all of Topeka, were with him on the briefs for the appellants.

James W. Scoville, of Topeka, argued the cause, and Willard B. Rogers, of Topeka, was with him on the briefs for the appellees Victor Mendoza and Rose Mendoza.

The opinion of the court was delivered by

HARVEY, C.J.:

The appeal in this case is from a decree of the court setting aside a contract for the sale of real property and rendering judgment against appellants for a $500 down payment and the costs.

Briefly, the facts may be stated as follows: In March, 1951, the plaintiffs, Stapleton and wife, were the owners of a described residence property in the city of Topeka and the appellant Hartman was a regularly...

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