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SHEAR v. HELM

No. 44,160

195 Kan. 281 (1965)

403 P.2d 941

WILLIAM F. SHEAR and EDITH L. SHEAR, Appellants, v. KEITH HELM and KATHERINE HELM, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1965.

Attorney(s) appearing for the Case

Mark L. Bennett, of Topeka, argued the cause, and Clayton M. Davis and Jerry W. Hannah, of Topeka, were with him on the briefs for appellants.

Fred S. Jackson, of Topeka, argued the cause, and Walter G. Stumbo, Robert R. Irwin, Craig Irwin and Mary Schowengerdt, of Topeka, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

The plaintiffs-appellants, William F. Shear and Edith L. Shear, commenced this action for a rescission of a contract for the sale of real estate and to recover $2,000 paid as earnest money. The defendants-appellees, Keith Helm and Katherine Helm, answered, denying they had breached the contract, and in their cross petition sought specific performance of its terms on the part of the plaintiffs-appellants...

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