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WINKELMAN v. ALLEN

No. 46,977

214 Kan. 22 (1974)

519 P.2d 1377

CHESTER WINKELMAN, Appellee, v. J.R. ALLEN, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Harold K. Greenleaf, Jr., of Smith & Greenleaf, of Liberal, argued the cause, and was on the brief for the appellant.

Ted F. Fay, Jr., of Hugoton, argued the cause, and Bernard E. Nordling, of Hugoton, and Leland E. Nordling, of Hugoton, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by a real estate broker to recover a commission on the ground that he produced a purchaser who was ready, willing and able to purchase the defendant's 9,000 acre South Dakota ranch upon terms previously agreed by the parties, where the owner who had listed the ranch with the broker refused to sign the contract upon tender of the down payment. The case was tried to a jury which returned...

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