Wert v. Phillips

The opinion of the court was delivered by

Cowan, J.:

These cases are here on rehearing. The original opinion is found in 165 Kan. 49, 193 P. 2d 253. After the opinion was filed all parties petitioned for a rehearing and it was granted. Additional briefs have been filed, the cases reargued and reconsidered. The appellee contends that the judgments below should be affirmed for the reason that the question of determination of the existence of *160the contract was for the trial court and its conclusion is binding upon us. We have carefully reexamined the records and briefs in these cases with…