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WALLERIUS v. HARE

No. 44,944

200 Kan. 578 (1968)

438 P.2d 65

GEORGE H. WALLERIUS, Appellee, v. ROBERT HARE, Appellant, and ____ HARE, his wife, whose first name is unknown, MARY ROE and RICHARD DOE, the latter two defendants' true names being unknown, Defendants.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

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 brief for the appellant.

James T. Graves, of Salina, argued the cause, and C.L. Clark, James P. Mize and Aubrey G. Linville, all of Salina, were with him on the brief for appellee.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from a judgment ordering specific performance of an agreement to sell land.

The case previously appeared in this court on an order sustaining a demurrer to the petition. (See Wallerius v. Hare, 194 Kan. 408, 399 P.2d 543.) The case was returned to the court below, tried and a decree of specific performance...

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