Marshall v. Duncan

The opinion of the court was delivered by

Wertz, J.:

This was an action for specific performance of a real estate contract. Defendant appeals from adverse rulings on his various motions and his demurrer to plaintiff’s petition, all of which will be discussed below.

A summary of the pertinent allegations of plaintiff’s petition follows: It was alleged that Deering J. Marshall, plaintiff (appellee), a resident of Sedgwick county, and Vernal Duncan, defendant (appellant), a resident of Trego county, executed a written contract, under the terms of which plaintiff agreed to sell and defendant agreed…