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HOCHARD v. DEITER

No. 47,983

219 Kan. 738 (1976)

549 P.2d 970

MAURICE E. HOCHARD and JOAN E. HOCHARD, Appellants, v. HOWARD DEITER and GRACE DEITER, Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

James M. Maonish, Jr., of Topeka, argued the cause, and C. Bruce Works, also of Topeka, was with him on the brief for the appellants.

William Hergenreter, of Topeka, argued the cause, and Richard P. Royer, of Pratt, was with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

The question in this case is whether the trial court erred in refusing to grant specific performance of a contract for the sale of real estate.

On October 27, 1970, plaintiffs Maurice E. and Joan E. Hochard entered into a written contract of sale whereby they agreed to purchase, and defendants Howard and Grace Deiter agreed to sell, a 120-acre tract located in Wabaunsee County, Kansas. The provisions...

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