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VAN BRUNT, EXECUTRIX v. JACKSON

No. 46,877

212 Kan. 621 (1973)

512 P.2d 517

ROZELLA M. VAN BRUNT, Executrix of the Estate of Vivian C. Glenn, Appellant, v. P.R. JACKSON and NORMAN C. HAMILTON, Appellees, and ARDIS McCRAY, Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

M. Moran Tomson, of Johnson, argued the cause and was on the brief for the appellant.

Stanley E. Antrim, of Light, Yoxall, Antrim & Richardson, of Liberal, argued the cause and was on the brief for the appellees, P.R. Jackson and Norman C. Hamilton.

Arthur B. McKinley, of Sublette, argued the cause and was on the brief for the appellee, Ardis McCray.

The opinion of the court was delivered by

OWSLEY, J.:

This is an action for breach of a written contract for sale of personal property. The trial court held the plaintiff failed to make a "prima facie" case and dismissed the action. Plaintiff appeals.

Plaintiff alleges she is the duly appointed, qualified and acting executrix of the estate of Vivian C. Glenn, deceased, and that Vivian C. Glenn on January 1, 1964, by written contract sold an undivided...

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