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ROSSON v. CUTSHALL

No. 57,597

11 Kan. App. 2d 267 (1986)

719 P.2d 23

HOMER L. ROSSON, Appellee, v. RICHARD D. CUTSHALL, Appellant.

Court of Appeals of Kansas.

Opinion filed May 22, 1986.

Attorney(s) appearing for the Case

Jon R. Viets, of Hall, Levy, Lively, Viets, DeVore, & Belot, of Coffeyville, for appellant.

W.J. Fitzpatrick, of Independence, for appellee.

Before DAVIS, P.J., SAM K. BRUNER, District Judge, assigned, and MARION W. CHIPMAN, District Judge, assigned.

DAVIS, J.:

Defendant Richard D. Cutshall appeals from a judgment granting plaintiff Homer L. Rosson's summary judgment motion for possession of real estate and damages. This appeal is taken only from that portion of the judgment granting plaintiff monetary damages.

On October 21, 1975, Homer L. Rosson and his wife entered into a written contract for the sale of real estate with Richard D. Cutshall and his former wife, Kellie S. Cutshall (now Brashier). The...

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