Hamilton v. Talbot

The opinion of the court was delivered by

Harvey, J.:

This action was here before (128 Kan. 180, 276 Pac. 808), where the principal facts were stated and need not be repeated. A retrial resulted in findings and a judgment by the court adverse to plaintiff. His motions to set aside these findings and for a new trial were overruled, and he has appealed.

One of the issues in the retrial, as framed by the pleadings, was whether the American National Company (later reorganized as the American-First Trust Company of Oklahoma City, and hereinafter called the “trust company”) purchased from plaintiff…