Witmer v. Estate of Brosius

The opinion of the court was delivered by

Schroeder, J.:

This is the second appearance of this action for appellate review. (See Witmer v. Estate of Brosius, 181 Kan. 200, 310 P. 2d 937.) The action originated in the probate court as a demand filed against the estate of Frank C. Brosius, deceased, (defendant-appellant) for money allegedly deposited with decedent as a down payment on a residential property to be constructed by O. A. Zimmerman, a building contractor. Thereafter, pursuant to G. S. 1955 Supp., 59-2402a, the cause was transferred to the district court, where issues were joined for…