Boothe v. Dailey

The opinion of the court was delivered by

Marshall, J.:

Ed Boothe and Maggie Boothe commenced this action to recover the damages sustained by them by reason of the defendant’s deeding to a third party real property which the defendant had contracted to convey to Ed Boothe. Afterward Ed Boothe died. Maggie Boothe, his wife, was appointed his administratrix, and was made a party plaintiff in this action. This is the second time this action has been in this court. (Boothe v. Dailey, 96 Kan. 711, 153 Pac. 551.) In the former opinion, it, was held that, as against a demurrer, the petition stated a…