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SCHULTE v. CITY OF GARNETT

No. 41,630

186 Kan. 117 (1960)

348 P.2d 629

CARROLL D. SCHULTE, Appellant, v. THE CITY OF GARNETT: Earl Snyder, Mayor; Clinton S. Wilson, Commissioner; Robert D. Garrett, Commissioner; Harley Gibson; Jr., Clerk; Clark Howerton, Attorney, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1960.

Attorney(s) appearing for the Case

Gwinn G. Shell, of Garnett, argued the cause and was on the briefs for the appellant.

Wayne Loughridge, of Garnett, argued the cause, and Clark Howerton, of Garnett, was with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This appeal is from the judgment and order of the trial court denying injunctive relief and overruling plaintiff's motion for new trial.

Plaintiff owned lots ten and eleven in block fifty in the city of Garnett. He entered into a contract with Anderson-Prichard Oil Corporation for sale of these lots for $10,500. A service station was to be constructed thereon and a condition of the contract required...

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