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McCURTAIN v. HINSON

No. 41,480

185 Kan. 301 (1959)

341 P.2d 1014

RONALD McCURTAIN and EARL GRIMES, Guardian of the Estate of JERRY EVAN McCURTAIN, an insane person, Appellants, v. LILY ANN HINSON and CHARLES H. HINSON, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1959.

Attorney(s) appearing for the Case

Carol V. Creitz, of Wichita, argued the cause, and Ora D. McClellan and Dan J. Skubitz, both of Wichita, were with her on the briefs for the appellants.

Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Anthony T. Dealy, Donald L. Cordes and Robert L. Howard, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action for specific performance of an oral contract, or, in the alternative, for damages. Plaintiffs appeal from an order sustaining a general demurrer to their amended petition.

On August 18, 1956, Floyd A. Howard and Dorothea Earlene Howard, husband and wife, met simultaneous death in an airplane crash. Each died intestate.

Floyd was survived by Lily Ann Hinson, a daughter by...

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