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WALLERIUS v. HARE

No. 43,920

194 Kan. 408 (1965)

399 P.2d 543

GEORGE H. WALLERIUS, Appellant, v. ROBERT HARE, ____ HARE, His Wife, Whose First Name Is Unknown, Mary Roe and Richard Doe, the Latter Two Defendants' True Names Being Unknown, Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

James T. Graves, of Salina, argued the cause, and C.L. Clark, James P. Mize and Thomas M. Lillard, Jr., all of Salina, were with him on the briefs for the appellant.

John Q. Royce, of Salina, argued the cause, and E.S. Hampton, H.H. Dunham, Jr., H.G. Engleman, C. Stanley Nelson, Jack N. Stewart and Tom W. Hampton, all of Salina, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order sustaining a demurrer to a petition seeking specific performance of an agreement for the sale of land.

The facts as disclosed by the second amended petition must be presented in considerable detail.

The defendant, Robert Hare, was the owner of a three-quarters section of land in Ottawa County, Kansas. The land was used solely for grazing cattle and Carl Nelson...

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