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GARRISON v. BERRYMAN

No. 49,503

225 Kan. 644 (1979)

594 P.2d 159

CARL H. GARRISON and EDITH L. GARRISON, Appellees, v. CHANDLER PRICE BERRYMAN and DOROTHY BERRYMAN, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1979.

Attorney(s) appearing for the Case

T. Richard Liebert, of Liebert & Liebert, of Coffeyville, argued the cause and was on the brief for the appellants.

Robert L. Eastman and Morris D. Hildreth, of Becker, Hildreth, Eastman & Gossard, of Coffeyville, argued the cause and Robert L. Eastman was on the brief for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal from a judgment rescinding a real estate transaction on the ground of mutual mistake. The purchasers are plaintiffs Carl H. and Edith L. Garrison. The sellers are defendants Chandler Price Berryman and Dorothy Berryman. Defendants appeal from the judgment rescinding the transaction and returning plaintiffs' purchase price of $6,000, plus interest.

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