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WITMER v. ESTATE OF BROSIUS

No. 41,209

184 Kan. 273 (1959)

336 P.2d 455

J.G. WITMER, Appellee, v. the Estate of Frank C. Brosius, Deceased (JOHN R. BARRIER, Administrator), Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1959.

Attorney(s) appearing for the Case

Richard Jones, of Wichita, argued the cause, and A.W. Hershberger, H.E. Jones, Wm. P. Thompson, Jerome E. Jones and Robert J. Roth, all of Wichita, were with him on the brief for appellant.

James W. Sargent, of Wichita, argued the cause, and W.D. Jochcms, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse and Stanley E. Wisdom, all of Wichita, were with him on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is the second appearance of this action for appellate review. (See Witmer v. Estate of Brosius, 181 Kan. 200, 310 P.2d 937.) The action originated in the probate court as a demand filed against the estate of Frank C. Brosius, deceased, (defendant-appellant) for money allegedly deposited with decedent as a down payment on...

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