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NORRIS v. NITSCH

No. 40,912

183 Kan. 86 (1958)

325 P.2d 326

WALDON L. NORRIS, CLAUDE V. NORRIS and EVERETT L. NORRIS, Partners, doing business as Norris Bros., Appellees, v. OTTO W. NITSCH and GLADYS NITSCH, Appellants, ROBERT L. NITSCH and MABEL L. NITSCH, Appellees, RAY A. CLARK, Appellee and Cross-Appellant, and LOGAN-MOORE LUMBER COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

John J. Riling, of Lawrence, argued the cause, and Eugene C. Riling, of Lawrence, was with him on the briefs for the appellants, Otto W. Nitsch, Gladys Nitsch and Logan-Moore Lumber Company.

Forrest A. Jackson, of Lawrence, argued the cause and was on the briefs for the appellee and cross appellant, Ray A. Clark.

Robert B. Oyler, of Lawrence, argued the cause and was on the briefs for the appellees, Norris Bros.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in an action to foreclose a mechanic's lien filed in the district court of Douglas County, Kansas. A general contractor, Otto W. Nitsch, joined as a defendant, built a house on a one-acre tract of land and in his answer requested specific performance of an oral agreement or promise for the conveyance of this tract. The plumbers, plaintiffs, and the lumbermen, defendants, as lien claimants...

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