SMERCHEK v. HAMILTON

No. 50,264

4 Kan. App. 2d 346 (1980)

606 P.2d 491

LILLY K. SMERCHEK, Appellee, v. J.R. HAMILTON and E.W. HALEY, Appellants.

Court of Appeals of Kansas.

Opinion filed February 15, 1980.


Attorney(s) appearing for the Case

John C. Frieden and Wesley A. Weathers, of Crane, Martin, Claussen, Hamilton & Barry, of Topeka, for appellants.

Robert R. Irwin, of Irwin & Clutter, of Topeka, for appellee.

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


ABBOTT, J.:

This action was brought by the plaintiff, Lilly K. Smerchek, to set aside a real estate sales agreement and to quiet title to the real estate involved. The original second party under the contract was J.R. Hamilton, one of the defendants. Hamilton subsequently assigned a one-half interest in the contract to E.W. Haley, the other defendant.

The sole issue is whether the trial judge erred in finding that part of the contract dealing with the defendants...

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