Pelischek v. Voshell

The opinion of the court was delivered by

Price, J.:

This was an action for damages for alleged breach of a written contract for the sale of a trailer court. Defendant Voshell filed a cross-petition to recover the balance due on the contract. Judgment was rendered in his favor, and plaintiffs appeal.

Defendant bank, as escrow agent, was a mere nominal defendant and did not participate in the trial below. Whenever the word defendant is used it refers to defendant Voshell.

In 1952 a trailer court was constructed south of Salina and was located about one-half mile east of the Smoky Hill Air Force…