TRI-STATE HOTEL CO., INC v. Sphinx Investment Co., Inc.

The opinion of the court was delivered by

Kaul, J.:

This is an action to recover a deposit made under the terms of option purchase contracts entered into between the plaintiffs-appellants, other than the Fourth National Bank and Trust Company of Wichita, and the defendant-appellee. The Fourth National Bank and Trust Company received the funds in question from the escrow agent, who was permitted to withdraw from the litigation with the consent of all parties. The Tri-State Hotel Company, Inc.; Roger B. Fitch; Kenneth C. Fitch; Louise B. Fitch, and Carl A. Nelson, as trustee of the Rebecca…