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RUSSELL v. FERRELL

Nos. 40,466, 40,465

181 Kan. 259 (1957)

311 P.2d 347

HOMER B. RUSSELL and MARION F. RUSSELL, JR., Appellees, v. J.D. FERRELL and ANN I. FERRELL, Appellants, AMERICAN STATE BANK, a Corporation, Appellee. J.D. FERRELL and ANN I. FERRELL, Appellants, v. AMERICAN STATE BANK, a Corporation, and HOMER B. RUSSELL and MARION F. RUSSELL, JR., Appellees.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Jerry M. Ward, of Great Bend, argued the cause, and S.R. Blackburn, Tudor W. Hampton and J.W. Hannah, of Great Bend, were with him on the briefs for appellants.

Boyce P. Hardman, of Great Bend, argued the cause, and Herbert Diets, of Great Bend, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

These two appeals, ordered consolidated in this court, arise out of actions in the trial court and its application of equitable principles to a written contract for the sale of real estate, in which both parties sought affirmative relief. Appeal No. 40,465 (cause No. 19,038 in the court below) was an action by the vendors, J.D. Ferrell and Ann I. Ferrell, hereafter referred to as the Ferrells, against the...

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