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KLEMA v. SOUKUP

No. 39,190

175 Kan. 775 (1954)

267 P.2d 501

GERALD W. KLEMA, Appellant, v. JOSEPH D. SOUKUP and ZDENEK J. SOUKUP, Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1954.

Attorney(s) appearing for the Case

Oscar Ostrum, of Russell, argued the cause, and Dean G. Ostrum, of Russell, and George D. Miner, and Paul Aylward, both of Ellsworth, were with him on the brief for the appellant.

V.E. Danner, of Ellsworth, argued the cause, and John V. O'Donnell, of Ellsworth, was with him on the brief for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action by a buyer to recover from the sellers an amount alleged to be due under a written contract for the purchase and sale of a grocery stock and fixtures.

In a preliminary way it may be stated that under date of October 27, 1949, a written contract was entered into by Gerald W. Klema as buyer and Joseph D. Soukup and Zdenek J. Soukup, partners doing business as South Side Grocery...

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