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FIRST CONSTRUCTION CO., INC. v. GALLUP

No. 45,409

204 Kan. 73 (1969)

460 P.2d 594

FIRST CONSTRUCTION COMPANY, INC., Appellee, v. STEVEN C. GALLUP and MYRTLE A. GALLUP, Appellants.

Supreme Court of Kansas.

Opinion filed November 8, 1969.

Attorney(s) appearing for the Case

Frank D. Covell, of Mission, argued the cause and Joseph Anderson, Joseph L. Cox and John M. Hensel, all of Mission, were with him on the brief for appellants.

Thomas W. Brooks, of Mission, argued the cause and Lawrence R. Wagner, Carolee Sauder Leek, William J. Mullins, Jr., Douglas Lancaster and Albert J. Hardy, all of Mission, were with him on the brief for appellee.

The opinion of the court was delivered by

FROMME, J.:

An action was brought to determine rights in a written contract to buy and sell a house and lot in Mission, Kansas. The action was between the original parties to the contract. The plaintiff-appellee, First Construction Company, Inc., is a builder of houses. It entered into the agreement with defendants-appellants, Steven C. Gallup and Myrtle A. Gallup, his wife.

The trial court found there was...

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