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HARRINGTON v. HESS CONSTRUCTION CO.

No. 43,246

191 Kan. 416 (1963)

381 P.2d 519

CHARLES H. HARRINGTON and CECELIA HARRINGTON, his wife, Appellees, v. HESS CONSTRUCTION COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

Robert L. Kimbrough, of Topeka, argued the cause, and Floyd E. Gehrt, also of Topeka, was with him on the brief for the appellant.

Louis E. Eisenbarth, of Topeka, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for breach of a written contract wherein the defendant agreed to sell and convey certain real estate to the plaintiffs, and further agreed to construct a residential structure on the same prior to the transfer of title, all in accordance with certain plans and specifications referred to in the contract. The trial court overruled a demurrer...

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