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GRIFFIN v. PRICE

No. 44,801

199 Kan. 649 (1967)

433 P.2d 464

WILBER S. GRIFFIN, Guardian of the person and estate of ANN WHAN, an incompetent person, Appellant, v. MARY PRICE, Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1967.

Attorney(s) appearing for the Case

Lee R. Stanford, of Concordia, argued the cause, and Frank G. Spurney and Frank G. Spurney, Jr., both of Belleville, were with him on the briefs for the appellant.

Clarence Paulsen, of Concordia, argued the cause, and Frank C. Baldwin, William B. Buechel and Thomas J. Pitner, all of Concordia, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This controversy commenced as an action to set aside a deed because of the mental incapacity of the grantor. It ended in a judgment cancelling the deed, and relief on the basis of quantum meruit for the grantee. The grantor's guardian has appealed. No appeal was taken from the judgment cancelling the deed.

The facts, most of which are the subject of conflicting evidence, will be briefly stated...

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