Avery v. Howell

The opinion of the court was delivered by

Marshall, J.:

In a petition for a rehearing, the plaintiffs earnestly contend that the principal proposition argued by them was overlooked by the court in Avery v. Howell, 102 Kan. 527, 171 Pac. 628. In their brief, the plaintiffs urged that—

“The court erred in taking from the jury the evidence of the settlement of the specific performance suit brought by Hanna against defendants and in not holding that the settlement of such suit was a waiver of all defenses to plaintiffs’ claim for a commission.”

This court refused to reverse the judgment on account of…