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NAUMAN v. KENOSHA AUTO TRANSPORT CO.

No. 41,683

186 Kan. 305 (1960)

349 P.2d 931

JOHN R. NAUMAN and FRANCES NAUMAN, Appellees, v. KENOSHA AUTO TRANSPORT COMPANY, an Ohio Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

Marion C. Miller, of Kansas City, argued the cause, and Edward A. Benson, Jr., of Kansas City, was with him on the briefs for the appellant.

Wash H. Brown, of Kansas City, argued the cause, and Norman B. Sortor, of Kansas City, was with him on the briefs for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for breach of an oral contract wherein it was alleged the defendant agreed, in settlement of the parties' legal differences, to pay the plaintiffs the sum of $2,500 to forbear an action for injunctive relief concerning an existing nuisance and for damages already occasioned by the nuisance.

The trial court found an agreement was made...

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