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HABERER v. NEWMAN

No. 47,847

219 Kan. 562 (1976)

549 P.2d 975

RUDY R. HABERER and JEAN HABERER, Appellees, v. L.M. NEWMAN, a/k/a LAWRENCE M. NEWMAN; R.H. NEWMAN, a/k/a RAYMOND H. NEWMAN; FAITH A. NEWMAN, JEANE A. NEWMAN, Appellants, and DON LEGERE, d/b/a LEGERE AUCTION AND REALTY Co., Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Brock R. Snyder, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and K. Gary Sebelius, of the same firm, was with him on the brief for the appellants.

Michael S. Holland, of Russell, argued the cause and was on the brief for appellees Rudy R. Haberer and Jean Haberer; and Norbert R. Dreiling, of Dreiling, Bieker & Kelley, of Hays, argued the cause and was on the same brief for appellee Don Legere, d/b/a Legere Auction and Realty Company; and Richard M. Driscoll, of Russell, was with them on the brief.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal by defendants, Lawrence M. Newman and his son, Raymond H. Newman, from a judgment of the district court granting specific performance of an auction contract for the sale of real property. The principal dispute concerns the legal effect of an announcement made by the auctioneer, Don Legere, immediately preceding the falling of the hammer, that all creditors must be satisfied from the proceeds...

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