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PICKERING v. HOLLABAUGH

No. 44,082

194 Kan. 804 (1965)

401 P.2d 891

C.W. PICKERING and LILLIAN HUBBARD PICKERING, Appellees, v. ZOE L. HOLLABAUGH, JR., Executor of the Estate of Zoe J. Hollabaugh, Deceased, and MARY L. HOLLABAUGH, Appellants.

Supreme Court of Kansas.

Opinion filed May 15, 1965.

Attorney(s) appearing for the Case

William R. Smith and H.E. Jones, both of Wichita, argued the cause, and A.W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth and Robert J. O'Connor, all of Wichita, were with them on the briefs for the appellants.

A.D. Weiskirch, of Wichita, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This was an action to enforce specific performance of an agreement to exchange real property.

On October 11, 1961, Zoe J. and Mary L. Hollabaugh, husband and wife, entered into an agreement with C.W. and Lillian Hubbard Pickering, husband and wife, for the exchange of real properties. The contract read in part as follows:

"First parties agree...

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