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DeBAUGE BROS., INC. v. WHITSITT

No. 46,954

212 Kan. 758 (1973)

512 P.2d 487

DeBAUGE BROS., INCORPORATED, Appellee, v. G.C. WHITSITT and BERNICA R. WHITSITT, Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

Joseph S. Davis, Jr., of Breyfogle, Gardner, Martin, Davis & Kreamer, of Olathe, argued the cause, and O.R. Stites, of the same firm, was with him on the brief for the appellants.

Elvin D. Perkins, of Emporia, argued the cause, and Stanley G. Andeel, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Defendants appeal from the trial court's order sustaining plaintiff's motion for summary judgment directing specific performance of a contract for sale of defendants' business.

Defendants are G.C. Whitsitt and Bernica R. Whitsitt, owners of the Emporia Coca Cola Bottling Company. In the fall of 1970, Whitsitt was negotiating a sale of his plant and franchise...

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