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MERCHANT v. FOREMAN

No. 40,805

182 Kan. 550 (1958)

322 P.2d 740

RUTH V. MERCHANT, Appellee, v. H.C. FOREMAN, KATHERINE FOREMAN, H.W. FAUNCE and GRACE I. FAUNCE, Appellants.

Supreme Court of Kansas.

Opinion filed March 8, 1958.

Attorney(s) appearing for the Case

Lester M. Goodell, Marlin S. Casey, Margaret McGurnaghan and Thomas R. Sewell, all of Topeka, were on the briefs for appellants H.W. Faunce and Grace I. Faunce. Hall Smith and William L. Rees, both of Topeka, were on the briefs for appellants H.C. Foreman and Katherine Foreman.

Hal C. Davis, of Topeka, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The action was one by a principal against her agents for damages for false representations which induced an exchange of real estate. The defendants' demurrers on the ground that the petition did not state facts sufficient to constitute a cause of action were overruled, and they have jointly appealed.

Plaintiff's petition is summarized as follows: Plaintiff and each of the defendants are residents...

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