MAYS v. MIDDLE IOWA REALTY CORP.

No. 45,263

202 Kan. 712 (1969)

452 P.2d 279

NELLIE M. MAYS, Appellant, v. MIDDLE IOWA REALTY CORP., a Corporation; MACE SIEGEL and RICHARD COHEN, d/b/a MACERICH REAL ESTATE COMPANY; and ARLAN'S DEPT. STORE OF TOPEKA, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed March 8, 1969.


Attorney(s) appearing for the Case

T.M. Murrell, of Topeka, argued the cause, and Kay McFarland, of Topeka, was with him on the brief for the appellant.

Mark L. Bennett, of Topeka, argued the cause, and Steven J. Kumble, of New York, New York, Harry W. Colmery, Clayton M. Davis, Wilbur G. Leonard, Robert A. McClure, Jerry W. Hannah, and Frank C. Sabatini, all of Topeka, were with him on the brief for the appellees.


The opinion of the court was delivered by

HATCHER, C.:

This was an action initiated under the declaratory judgment act for the purpose of obtaining judicial construction of a written lease and a determination of the rights of the parties thereunder.

Summary judgment was rendered in favor of the defendants and plaintiff has appealed.

The controversy presented is whether, under the terms of the lease, the plaintiff, the lessor, was obligated...

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