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SCHLATTER v. IBARRA

No. 47,712

218 Kan. 67 (1975)

542 P.2d 710

RALPH J. SCHLATTER, GERALD J. DAILY, and BILLY J. HUNTER, Appellees, v. BETTY IBARRA, Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1975.

Attorney(s) appearing for the Case

Frank M. Lewis, of Overland Park, argued the cause and was on the brief for the appellant.

Jerome V. Bales, of Wallace, Saunders, Austin, Allen, Brown & Enochs, of Overland Park, argued the cause, and Larry Austin, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court reforming a lease-contract (with option to purchase) after a finding of mutual mistake between the contracting parties.

Betty Ibarra (defendant-appellant) is the longtime owner of a Mexican food restaurant in Kansas City. Ralph Schlatter (plaintiff-appellee) is her insurance agent. He and the other plaintiffs-appellees are business partners in...

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