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CONCRETE ACCESSORIES CO. v. MOSES

No. 90,805.

32 Kan.App. 2d 1120 (2004)

CONCRETE ACCESSORIES CO., INC., a Kansas Corporation, Appellee, v. PAUL Z. MOSES and RUTH E. MOSES, Appellants.

Court of Appeals of Kansas.

Opinion filed August 13, 2004.

Attorney(s) appearing for the Case

Robert T. Cornwell and Robert L. Nicklin, of Wichita, for the appellants.

John Terry Moore, of Moore Martin, L.C., of Wichita, for the appellee.

Before ELLIOTT, P.J., PIERRON and GREENE, JJ.

PIERRON, J.

In this declaratory judgment action involving a commercial real estate lease, appellants Paul Z. Moses and Ruth B. Moses appeal the trial court's decision that they were estopped and/or waived their right to assert a breach of contract and that appellee Concrete Accessories Company, Inc., properly exercised its option to purchase the property under the lease agreement. Appellants argue appellee did not have an option to purchase due to its status as a...

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