EMERY v. GRABER

No. 39,150

176 Kan. 17 (1954)

268 P.2d 950

FRANK EMERY, Appellee, v. HARRY GRABER, Individually, and HARRY GRABER doing business as BLACK CAT SAND COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1954.


Attorney(s) appearing for the Case

Waldo Wetmore, and Roy L. Rogers, both of Wichita, argued the cause, and Z. Wetmore, and Joe T. Rogers, both of Wichita, were with them on the briefs for the appellant.

Robert Martin, of Wichita, argued the cause, and George B. Collins, Oliver H. Hughes, K.W. Pringle, Jr., George Siefkin, George B. Powers, John F. Eberhardt, and Robert M. Siefkin, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This was an action brought by plaintiff (appellee) against defendant (appellant) to cancel a contract to dig a lake and to enjoin the assertion of rights thereunder. The trial court made findings of fact and conclusions of law, rendered judgment for the plaintiff, and defendant appeals.

Plaintiff's petition consists of two causes of action. In his first cause of action he seeks to establish that...

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