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ELLIOTT v. WHITNEY

No. 47,185

215 Kan. 256 (1974)

524 P.2d 699

ROBERT D. ELLIOTT, Appellant, v. W.F. WHITNEY, d/b/a WHITNEY AVIATION, Appellee

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Robert G. Frey, of Frey and Smith, of Liberal, argued the cause and was on the brief for the appellant.

Eugene L. Smith, of Smith and Greenleaf, of Liberal, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMON, C.:

This is an action for breach of an oral contract of sale of a crop dusting airplane and related oral contracts for leaseback of the plane and conducting crop dusting services. By way of summary judgment the trial court ruled that a subsequent written agreement, rather than the parties' oral agreements, governed their rights upon defendant's breach of the written agreement. Plaintiff appeals from the judgment...

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