BROWN v. WOLBERG

No. 40,562

181 Kan. 919 (1957)

317 P.2d 444

WARREN BROWN and JOY M. BROWN, Appellants, v. HEIM WOLBERG, Appellee.

Supreme Court of Kansas.

Opinion filed November 9, 1957.


Attorney(s) appearing for the Case

A.J. Herrod, of Kansas City, argued the cause and was on the briefs for the appellants.

Robert H. Bingham, of Kansas City, argued the cause, and Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks, Leonard O. Thomas, J. Donald Lysaught, Richard Millsap and Ervin G. Johnston, all of Kansas City, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This was an action for rescission of an option agreement to purchase real estate and a deed given pursuant thereto, and to obtain a return of the purchase price and interest paid, together with taxes paid by plaintiffs during the years 1946 to 1949, both inclusive.

Numerous pleadings were filed by the parties, and the trial court ultimately sustained defendant's motion for judgment on the pleadings...

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