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McGEE v. CITY OF KANSAS CITY

No. 41,395

184 Kan. 797 (1959)

339 P.2d 2

BEATRICE McGEE, Appellant, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, J.A. TOBIN CONSTRUCTION Co., a Corporation, and KEITH WITT, Appellees.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

C.D. Bruce, of Kansas City, argued the cause and was on the brief for the appellant.

George W. Haley, Assistant City Attorney, argued the cause, and C.W. Brenneisen, Jr., City Attorney, and Leo J. Moroney, Francis J. Donnelly, Joseph A. Bukaty, all Assistant City Attorneys, and Joseph A. Lynch, Deputy City Attorney, all of Kansas City, were with him on the briefs for the appellee City.

A.C. Cooke, of Kansas City, argued the cause, and Blake A. Williamson, James K. Cubbison, Lee Vaughan, and Donald A. Hardy, all of Kansas City, were with him on the briefs for the appellees Keith Witt and J.A. Tobin Construction Company.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from a judgment of the trial court sustaining a demurrer to appellant's second amended petition on the ground it fails to state a cause of action.

The allegations of the petition may be summarized as follows: Appellant wished to purchase a house in an area of Kansas City, Kansas, between 7th and 18th Streets which had been condemned for Turnpike purposes. On May 29, 1956, she...

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