KITTLE v. OWEN

No. 48,830

1 Kan. App. 2d 748 (1977)

573 P.2d 1115

FRED R. KITTLE and EULA M. KITTLE, Appellants, v. JOHN J. OWEN, RITA S. OWEN, RICHARD W. WOOD and RICHARD WOOD INVESTMENT COMPANY, Appellees.

Court of Appeals of Kansas.

Opinion filed December 23, 1977.


Attorney(s) appearing for the Case

Gwinn G. Shell, of Garnett, for the appellants.

Charles F. Forsyth of Fleming & Forsyth, of Erie, for the appellees John J. Owen and Rita S. Owen.

R.L. White and Leigh C. Hudson, of Pittsburg, for the appellees Richard W. Wood and Richard Wood Investment Company.

Before REES, P.J., PARKS and SWINEHART, JJ.


SWINEHART, J.:

The appellants appeal an adverse ruling at the trial level. They had sued for damages for breach of a real estate contract. They had also asked that the broker be denied recovery of his fee.

The matter was tried in the district court on November 8, 1976. The journal entry of judgment was filed on December 30, 1976. Two days before the journal entry was filed, on December 28, the appellants filed a motion for a new trial. That motion was denied...

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