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LOVE v. GIVENS

No. 41,084

183 Kan. 653 (1958)

331 P.2d 585

GLENN W. LOVE and JANE E. LOVE, Appellees, v. TOM GIVENS, Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

David H. Fisher and Donald Patterson, both of Topeka, were on the briefs for the appellant.

Arthur S. Humphrey, of Junction City, was on the brief for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

This suit was begun in the court below by Mr. and Mrs. Love to specifically perform a written contract for the sale of an undivided half interest in certain described real estate and personal property located thereon to the defendant, Tom Givens, as vendee. The petition ended with the following allegations and prayer:

"5. That by reason of the within facts, defendant has become in default for...

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