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MURPHY v. WARREN

No. 41,507

185 Kan. 628 (1959)

347 P.2d 274

HARLAN U. MURPHY, Appellee, v. CLARENCE WARREN, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

J.C. Edwards, of Iola, argued the cause, and Kenneth H. Foust and John O. Foust, both of Iola, were with him on the briefs for the appellant.

William A. Buckles, of Burlington, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action for the recovery of money under the terms of a written contract.

The pertinent facts may be stated as follows: Plaintiff (appellee) was a builder and defendant (appellant) a real estate agent. The parties entered into a written contract in March, 1957, whereby plaintiff was to build a house on lots owned by defendant for the purpose of...

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