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WITMER v. ESTATE OF BROSIUS

No. 40,359

181 Kan. 200 (1957)

310 P.2d 937

J.G. WITMER, Appellant, v. The Estate of Frank C. Brosius, Deceased (JOHN R. BARRIER, Administrator), Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

James W. Sargent, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden and J. Francis Hesse, all of Wichita, were with him on the briefs for the appellant.

Richard Jones, of Wichita, argued the cause, and A.W. Hershberger, J.B. Patterson, William P. Thompson, Jerome E. Jones and William E. Palmer, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was a petition for the allowance of a demand filed in the probate court of Sedgwick county by J.G. Witmer, plaintiff (appellant), in the estate of Frank C. Brosius, deceased, defendant (appellee), for money allegedly deposited with decedent as a down payment on residential property to be constructed by O.A. Zimmerman, a building contractor. Thereafter, pursuant to G.S. 1955 Supp., 59-2402a, the cause...

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