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FINKE v. LEMLE

No. 38,781

173 Kan. 792 (1953)

252 P.2d 869

LOUIS C. FINKE and MILDRED FINKE, Appellees, v. FRANCIS A. LEMLE and AARON ECCLESTON, a co-partnership, doing business as FOWLER CONSTRUCTION COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

John Staley Holden, of Cimarron, argued the cause and was on the briefs for the appellants.

Ernest M. Vieux, of Meade, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This was an action to recover earnest money paid on a contract. The plaintiffs recovered and the defendants appeal.

On February 12, 1951, the defendants, Francis A. Lemle and Aaron Eccleston, partners, doing business under the firm name and style of Fowler Construction Company, and the plaintiffs Louis C. Finke and Mildred Finke, entered into a contract...

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