BUCHANAN v. LAMBDIN

No. 39,268

176 Kan. 62 (1954)

269 P.2d 443

ELMER BUCHANAN, Appellee, v. BESSIE J. LAMBDIN, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1954.


Attorney(s) appearing for the Case

Jack L. Goodrich, of Parsons, and Robert M. Siefkin, of Wichita, argued the cause, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, and Robert N. Partridge, all of Wichita, were with them on the briefs for the appellant.

Keith Eales, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Gerald Michaud, Russell Cranmer, Dale B. Stinson, Jr., Starr Calvert, Jr., and Carroll Pope, all of Wichita, and Oren Gray, of Parsons, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

This action was instituted to compel specific performance of a real estate contract.

The appeal by the defendant does not pertain to the merits of the action, as it has not been tried. The issue involves only the validity of an order modifying a judgment rendered two terms of court previously. Defendant appeals from that order and from the order overruling her motion to set aside the modifying order...

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