REX v. WARNER

No. 41,103

183 Kan. 763 (1958)

332 P.2d 572

W.H. REX Appellee, v. Howard C. WARNER and ANNA MARIE WARNER, Appellants.

Supreme Court of Kansas.

Opinion filed December 6, 1958.


Attorney(s) appearing for the Case

Allyn M. McGinnis, of El Dorado, argued the cause, and Walter F. McGinnis, of El Dorado, was with him on the briefs for appellants.

J.B. McKay, of El Dorado, argued the cause, and James B. McKay, Jr., of El Dorado, was with him on the briefs for appellee.


The opinion of the court was delivered by

FATZER, J.:

The action was one to compel specific performance of an oral contract. Defendants, Howard C. Warner and Anna Marie Warner, his wife, filed a special demurrer upon the ground that the alleged oral contract sued upon was barred by the statute of limitations, which was overruled by the trial court, and the defendants have appealed.

Pertinent allegations of plaintiff's amended petition are quoted and...

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