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BERRYMAN v. KMOCH

No. 48,106

221 Kan. 304 (1977)

559 P.2d 790

WADE BERRYMAN, Appellee, v. NORBERT H. KMOCH, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1977.

Attorney(s) appearing for the Case

Ted F. Fay, Jr., of Hugoton, argued the cause, and B.E. Nordling and Leland E. Nordling, both of Hugoton, were with him on the brief for appellant.

Robin Wick, of Turner and Hensley, Chartered, argued the cause, and Lee Turner and Raymond L. Dahlberg, of the same firm, were on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Wade Berryman, a landowner, filed this declaratory judgment action to have an option contract declared null and void. Norbert H. Kmoch, the optionee, answered and counter-claimed seeking damages for Berryman's failure to convey the land. After depositions were taken and discovery proceedings completed both parties filed separate motions for summary judgment. The...

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