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GREEN v. HIGGINS

No. 47,703

217 Kan. 217 (1975)

535 P.2d 446

PHILIP A. GREEN, and BARBARA A. GREEN, Appellants, v. DAMON W. HIGGINS, and CLEO D. HIGGINS, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

Harlan L. Long, of Shawnee Mission, argued the cause, and was on the brief for the appellants.

J. Roy Holliday, Jr., of Olathe, argued the cause, and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action for specific performance of a contract for the sale of real estate. The facts are not in dispute and are essentially as follows: On May 7, 1969, the defendants-appellees, Damon W. Higgins and Cleo D. Higgins, sold a tract of land to Robert E. Brown and Mark S. Gilman. At the time of this transaction and as a part of the consideration therefor...

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