Nauman v. Powers

The opinion of the court was delivered by

Harvey, J.:

This was an appeal by defendant from an order overruling his demurrer to plaintiff’s petition, the pertinent portions of which may be stated or summarized as follows:

That on July 10, 1937, plaintiff entered into a verbal contract with defendant to purchase all of the merchantable walnut timber standing upon a certain tract of ground just south of and near the south line of the town of Centropolis, Franklin county, Kansas, *642which land was commonly known as “Powers’ Grove,” and which land the defendant claimed to own; that defendant then agreed…