OWEN v. STARK

No. 39,206

175 Kan. 800 (1954)

267 P.2d 948

FERD OWEN and BERTIE OWEN, Appellees, v. JOHN H. STARK, MARY FLO STARK, J. EVERETT STARK and M. HAROLD STARK, Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1954.


Attorney(s) appearing for the Case

Guy Lamer, of Iola, and Alex Hotchkiss, of Lyndon, argued the cause and were on the briefs for appellants.

Karl V. Shawver, Jr. of Paola, argued the cause, and Karl V. Shawver, of Paola, and Kenneth E. Midgley, of Kansas City, Mo., were with him on the briefs for appellees.


The opinion of the court was delivered by

HARVEY, C.J.:

There are two appeals in this case docketed here under the same number. The first is from an order of the court May 13, 1953, overruling defendants' demurrer to plaintiffs' petition. The second is from the final judgment in the case of June 30, 1953.

The facts disclosed by the record may be stated as follows:

Under date of December 1, 1950, the appellees, hereinafter called the seller...

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