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FOX v. WILSON

No. 46,828

211 Kan. 563 (1973)

507 P.2d 252

MELVIN V. FOX and BARBARA F. FOX, Appellants, v. FOUNTAIN L. WILSON and PATRICIA L. WILSON and E.L. DOWNARD and FREDA M. DOWNARD, Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Raymond L. Dahlberg, of Great Bend, argued the cause, and Lee Turner and Tom Kelley, of Turner, Chartered, of Great Bend, were on the brief for the appellants.

Norbert R. Dreiling, of Dreiling and Bieker, of Hays, argued the cause, and Dennis L. Bieker, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

This case started out as an action to foreclose and cancel a contract for the sale of a ranch, bought by the sellers alleging default by the buyers. By counterclaim it was converted into, and was basically tried as, an action by the buyers against the sellers for damages for fraud.

The trial court, after hearing eight days of testimony, refused to foreclose...

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