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LOOSE v. BRUBACHER

No. 47,977

219 Kan. 727 (1976)

549 P.2d 991

FRANK E. LOOSE and BESSIE LOOSE, Appellants, v. E.J. BRUBACHER, SR., and LUCILLE BRUBACHER, Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Arthur L. Sparks, of Wichita, argued the cause and was on the brief for the appellants.

C. Fred Ice, of Newton, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from an order granting summary judgment to defendants, E.J. Brubacher, Sr. and Lucille Brubacher. The plaintiffs, Frank E. Loose and Bessie Loose, filed the action to obtain specific performance of an option agreement to purchase real estate in Harvey County, Kansas. The trial court on the basis of the pleadings and interrogatories held that plaintiffs failed to properly exercise the option...

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