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MOODY v. BAYER CONSTR. CO.

No. 51,930

6 Kan. App. 2d 276 (1981)

627 P.2d 1171

ROBERT M. MOODY and SHIRLEY A. MOODY, Appellants, v. BAYER CONSTRUCTION COMPANY, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed May 8, 1981.

Attorney(s) appearing for the Case

John C. Fay, of Fay & Fay, of Manhattan, for appellants.

Charles S. Arthur, of Arthur, Green, Arthur & Conderman, of Manhattan, for appellee.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and J. PATRICK BRAZIL, District Judge, assigned.

BRAZIL, J.:

This is a breach of contract claim in which the plaintiffs seek to compel the defendant to specifically perform its promises in a certain contract to restore land adjacent to the plaintiffs' property to its original contour, or, in the alternative, the plaintiffs pray for damages as a result of breach of contract by the defendant.

In addition to a breach of contract action, plaintiffs seek injunctive

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