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WELLS, ADMINISTRATOR v. ROSS

No. 45,549

204 Kan. 676 (1970)

465 P.2d 966

FRED WELLS, Administrator of the Estate of Cyrus Fry Wells, Deceased, Appellant, v. WAYNE ROSS and GEORGE ROSS, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1970.

Attorney(s) appearing for the Case

H. Hobble, Jr., of Liberal, argued the cause, and Chas. E. Vance, Rex A. Neubauer, Chester A. Nordling, Gene H. Sharp, Kerry McQueen and Michael P. Dreiling, all of Liberal, were with him on the brief for the appellant.

Jim Mangan, of Dodge City, argued the cause, and Jack Dalton, of Dodge City, was with him on the brief for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order dismissing an action to set aside an agricultural lease or in lieu thereof to reform the lease to do equity between the parties.

The motion to dismiss challenged the right to maintain the action on two grounds — (1) res judicata and (2) estoppel by acceptance of rental payments.

As the doctrine of res judicata disposes of the controversy...

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