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STAUTH v. BROWN

No. 58,318

241 Kan. 1 (1987)

734 P.2d 1063

A.M. STAUTH, RANDY M. STAUTH, J. WES BERGHOUSE, DEE JACQUART, and ROLLIE JACQUART, Appellees, v. WILLIAM F. BROWN, JR., and AMY E. BROWN, husband and wife, and WILLIAM C. ECKLES and CHERYL A. ECKLES, husband and wife, Appellants.

Supreme Court of Kansas.

Opinion filed March 27, 1987.

Attorney(s) appearing for the Case

Max Eugene Estes, of Williams, Larson, Strobel, Estes & Malone, P.A., of Dodge City, argued the cause and Terry J. Malone and Ronald C. Mason, of the same firm, were with him on the brief for appellants.

David H. Snapp, of Minner & Waite, of Dodge City, argued the cause and Harry A. Waite, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

HERD, J.:

This is a breach of contract/mortgage foreclosure case. The district court granted judgment in favor of the plaintiffs and the defendants appealed. The Court of Appeals dismissed the appeal as interlocutory and we granted review. The facts are:

On January 3, 1977, the appellees ("Sellers") contracted to sell certain real estate located in Ford County to the appellants ("Buyers") for $60,600. The property...

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