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VANDERPOOL v. HIGGS

No. 56,380

10 Kan. App. 2d 1 (1984)

690 P.2d 391

MERIL D. VANDERPOOL and REBECCA R. VANDERPOOL, Appellants, v. RICHARD D. HIGGS and PAMELA M. HIGGS, Appellees.

Court of Appeals of Kansas.

Opinion filed November 15, 1984.

Attorney(s) appearing for the Case

Steven C. Montgomery, of Alderson, Alderson & Montgomery, of Topeka, for the appellants.

Thomas W. Regan, of Topeka, for the appellees.

Before PARKS, P.J., BRISCOE, J., and JEROME HARMAN, Chief Judge Retired, assigned.

HARMAN, C.J. Retired:

Here, seventeen shares of common stock in Westshore Estates, Inc. were placed in escrow pursuant to a written contract of sale made April 17, 1973, which called for appellees-buyers to make 120 monthly payments of $226.42 to appellants-sellers for principal and interest. The contract authorized appellees to vote the seventeen shares so long as they were in full compliance with the terms of the agreement. The contract — scrivener unknown...

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