Kennedy v. Atchison

The opinion of the court was delivered by

Parker, J.:

This is an action to foreclose a mechanic’s lien. The claimant failed to recover in the court below and now seeks appellate review of the judgment rendered against him.

H. E. Atchison owned a tract of land in Sedgwick county and on June 19, 1945, entered into a written contract'with Alfred Gibson, whereby he agreed to sell the property to the latter upon a monthly payment plan and convey it to him by warranty deed when each and all of such payments had been made in the manner provided for therein. The agreement expressly provided that second…