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PROGRESS ENTERPRISES, INC. v. THE LITWIN CORPORATION

No. 49,173

225 Kan. 212 (1979)

589 P.2d 583

PROGRESS ENTERPRISES, INC., a Kansas Corporation, Appellant, v. THE LITWIN CORPORATION, a Kansas Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1979.

Attorney(s) appearing for the Case

James W. Sargent, of Sargent, Klenda, and Glickman, of Wichita, argued the cause, and Alexander B. Mitchell, II, and Marc A. Salle, of the same firm, were with him on the brief for the appellant.

Thomas D. Kitch, of Fleeson, Gooing, Coulson, and Kitch, of Wichita, argued the cause, and Dale M. Stucky, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action seeking specific performance of an oral sublease of the Beacon Building in Wichita or, in the alternative, to recover damages for breach of the sublease. The trial court granted summary judgment to the defendant on the ground that the plaintiff's action was barred as a matter of law by the statute of frauds (K.S.A. 33-106). The plaintiff-appellant is Progress Enterprises, Inc., a corporation...

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