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PERRY v. KENDALL

No. 39,811

179 Kan. 442 (1956)

297 P.2d 172

L.G. PERRY and C.C. LINLEY, Executors of the Estate of Jennie Deal, Deceased, Appellants and Cross-Appellees, v. REGINALD D. KENDALL, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed May 5, 1956.

Attorney(s) appearing for the Case

C.C. Linley, of Cimarron, and Russell L. Hazzard, of Dodge City, argued the cause and Bernie D. Frigon, of Cimarron, was with them on the briefs for the appellants and cross-appellees.

John Staley Holden, of Cimarron, argued the cause and was on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

SMITH, C.J.:

This was an action to rescind a farm lease and for an accounting for crops raised upon certain of the lands leased. Judgment was for defendant on the cancellation and for plaintiff on the accounting. Plaintiff has appealed and defendant has cross-appealed.

Since the filing of the action the plaintiff died. The appeal has been revived in the name of the administrator of her estate. The parties will...

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