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KERSHNER v. HURLBURT

No. 44414.

277 S.W.2d 619 (1955)

Karl KERSHNER and Helen Kershner, Appellants, v. Virginia Jones HURLBURT, as Executrix, under the Last Will and Testament of W. D. Jones, Deceased, Lillie Jones, R. A. Benitez and Fannie Benitez, Respondents.

Supreme Court of Missouri, Division No. 1.

April 11, 1955.

Attorney(s) appearing for the Case

Routh & Hecke, Dewey Routh, Rolla, for appellants.

Llyn Bradford, Rolla, James W. Faris, St. Louis, for respondents.

COIL, Commissioner.

The trial court denied appellants specific performance which they sought by reason of a written contract between them and W. D. Jones and his wife Lillie Jones pertaining to certain realty. W. D. Jones died after the institution of the suit and his executrix was substituted as defendant. Respondents Dr. R. A. Benitez and his wife Fannie purchased the involved property from W. D. and Lillie Jones. Appellants

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