BRAUN v. ROBERTS

No. 39,238

175 Kan. 859 (1954)

267 P.2d 490

MARCUS R. BRAUN and DOROTHEA E. BRAUN, Appellants, v. LLOYD H. ROBERTS and RUTH ROBERTS, His Wife, E.C. BIRKENSTOCK, and KROH BROS., INC., Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1954.


Attorney(s) appearing for the Case

Raymond H. Carr, of Mission, and Max O. Bagby, of Kansas City, Mo., argued the cause, and Rolla W. Coleman, of Mission, and Frank P. Barker, George J. Winger, and Jack E. Smith, all of Kansas City, Mo., were with them on the brief for the appellants.

Clark Kuppinger, of Prairie Village, argued the cause, and John W. Breyfogle, Jr., of Olathe, and William B. Cozad, of Kansas City, Mo., were with him on the brief for Kroh Bros., Inc., appellee.

Neal Hambleton, of Olathe, argued the cause and John Anderson, Jr., and Murray H. Hodges, both of Olathe, were with him on the brief for Lloyd H. Roberts, Ruth Roberts, His Wife, and E.C. Birkenstock, appellees.


The opinion of the court was delivered by

THIELE, J.:

This was an action for an injunction to prevent violation of restrictions as to the use of real estate, and demurrers of the defendants to the petition of the plaintiffs having been sustained, the plaintiffs appeal.

For clarification we have rearranged slightly the allegations of the petition, which state the following: On June 3, 1946, Kroh Bros., Inc...

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