Buchanan v. Lambdin

The opinion of the court was delivered by

Wedell, J.:

This action was instituted to compel specific performance of a real estate contract.

The appeal by the defendant does not pertain to the merits of the action, as it has not been tried. The issue involves only the validity of an order modifying a judgment rendered two terms of court previously. Defendant appeals from that order and from the order overruling her motion to set aside the modifying order. We shall continue to refer to the parties as plaintiff and defendant.

On November 19, 1952, the district court of Labette county, sitting at…