PELISCHEK v. VOSHELL

No. 40,555.

181 Kan. 712 (1957)

313 P.2d 1105

D.G. PELISCHEK, E.B. JOHNSON, Appellants, v. TONY VOSHELL, McPHERSON CITIZENS STATE BANK, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed August 9, 1957.


Attorney(s) appearing for the Case

Paul H. Royer, Robert H. Royer and James E. Ahearn, all of Abilene, were on the briefs for the appellants.

Evart Mills, of McPherson, was on the briefs for the appellees.


The opinion of the court was delivered by

PRICE, J.:

This was an action for damages for alleged breach of a written contract for the sale of a trailer court. Defendant Voshell filed a cross-petition to recover the balance due on the contract. Judgment was rendered in his favor, and plaintiffs appeal.

Defendant bank, as escrow agent, was a mere nominal defendant and did not participate in the trial below. Whenever the word defendant is used it refers...

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