Engelbrecht v. Herrington

The opinion of the court was delivered by'

Johnston, C. J.:

A rehearing has been granted in this appeal. On the former hearing the judgment in favor of the defendant was affirmed upon the ground that plaintiff’s alleged cause of action was barred by the statute of limitations. (Engelbrecht v. Herrington, 101 Kan. 720.) The rule of law declared in- the first opinion is conceded to be correct and applicable in ordinary cases of breach of contract, but it is contended that because of the agreement and conduct of the parties a trust arose in favor of the plaintiff, and that the proceeds of the farm…