Schreiner v. Rothgarn

The opinion of the court was delivered by

Dawson, C. J.:

This is the second appearance of this case in this court. (150 Kan. 325, 92 P. 2d 59.) The action arose out of a contract of purchase and sale of a Rush county farm belonging to C. H. Rothgarn which plaintiffs agreed to buy for $3,700. That contract was executed in 1932. Plaintiffs owned some town property in Iowa, and they made a deed to it in blank and delivered it to Rothgarn with the understanding that he should sell it. What he should do with the proceeds was a controverted matter in this action. ' Plaintiffs alleged that he sold the…