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COBLE v. SCHERER

No. 50,253

3 Kan. App. 2d 572 (1979)

598 P.2d 561

TEDDIE L. COBLE and BARBARA COBLE, Appellants, v. FRANCIS SCHERER, JO ANN SCHERER, and JACKSON & SCHERER, INC., and SUN SAVINGS ASSOCIATION, Appellees.

Court of Appeals of Kansas.

Opinion filed August 17, 1979.

Attorney(s) appearing for the Case

Robert L. Boyce, Jr., of Kansas City, for the appellants.

Steve Fabert and James P. Nordstrom of Fisher, Patterson, Sayler & Smith, of Topeka, for the appellee Jackson & Scherer, Inc.

Before SPENCER, P.J., SWINEHART and MEYER, JJ.

SWINEHART, J.:

Plaintiffs Teddie Coble and Barbara Coble appeal from a judgment denying them recovery of a $5,000 deposit on a contract for the purchase of real estate.

The plaintiffs seek reversal of the judgment on alternative grounds. (1) There was no meeting of the minds and hence no contract. (2) The contractual agreement specifically limited the liquidated damages for breach of the contract to $1,000. (3) The contract was ambiguous, and since defendant...

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