Sipes v. Pessemier

The opinion of the court was delivered by

Wedell, J.:

This Was an action to recover the purchase price of a house and four lots in the town of Emmett, together with incidental items which will be referred to later. Defendant prevailed and plaintiff appeals.

The main question concerns the authority of an executor and trustee to make the sale under the terms and provisions of a will. Appellant insists this was a jury case and the court erred in discharging the jury. The construction. of a written instrument is a question of law which cannot be submitted to the jury. (Akin v. Davis, 11 Kan. 580;…