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THOELE v. THOELE

No. 39,477

176 Kan. 655 (1954)

272 P.2d 1082

ELIZABETH ANN THOELE, Appellant, v. LAWRENCE T. THOELE, Appellee.

Supreme Court of Kansas.

Opinion filed July 6, 1954.

Attorney(s) appearing for the Case

Thomas E. Joyce, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins, and Norma Braly, all of Kansas City, were with him on the briefs for the appellant.

Everett Fritz, of Kansas City, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action by plaintiff against her former husband for a balance alleged to be due upon an oral contract pertaining to their property rights at the time of a former divorce. The trial court sustained defendant's motion for judgment upon the pleadings and the opening statement of counsel for plaintiff. Plaintiff has appealed.

The petition alleged...

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