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STEHLIK, EXECUTOR v. WEAVER

No. 45,878

206 Kan. 629 (1971)

482 P.2d 21

MAE STEHLIK, Executor of the Estate of Harvey O. Weaver, Deceased Appellant, v. DEWEY F. WEAVER, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1971.

Attorney(s) appearing for the Case

John R. Hamilton, of Topeka, argued the cause and was on the brief for the appellant.

George Forbes, of Emporia, argued the cause, and Thomas Kreuger, of Emporia, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Plaintiff brought this action for specific performance of an alleged contract for conveyance of an oil interest. Trial was to the court. At the conclusion of all the evidence plaintiff moved to amend her pleadings to conform to the evidence. The trial court denied this motion and entered judgment for the defendant in the action as originally brought. Plaintiff appeals from the order denying her motion to...

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