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TRI-STATE HOTEL CO., INC v. SPHINX INVESTMENT CO., INC.

No. 46,730

212 Kan. 234 (1973)

510 P.2d 1223

THE TRI-STATE HOTEL COMPANY, INC., ROGER B. FITCH, KENNETH C. FITCH, LOUISE B. FITCH, and the FOURTH NATIONAL BANK AND TRUST COMPANY, WICHITA, a National Banking Association, as Trustee, Appellants, v. SPHINX INVESTMENT CO., INC., Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

Gerrit H. Wormhoudt, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and Paul R. Kitch and Thomas D. Kitch, of the same firm, were with him on the brief for the appellants.

Robert Martin, of Martin, Pringle, Schell & Fair, of Wichita, argued the cause, and William L. Oliver, Jr., of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an action to recover a deposit made under the terms of option purchase contracts entered into between the plaintiffs-appellants, other than the Fourth National Bank and Trust Company of Wichita, and the defendant-appellee. The Fourth National Bank and Trust Company received the funds in question from the escrow agent, who was permitted to withdraw from the litigation with the consent of all parties...

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