(DOWNLOAD) "Witmer v. Estate of Brosius" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Witmer v. Estate of Brosius
- Author : Supreme Court of Kansas
- Release Date : January 11, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by This was a petition for the allowance of a demand filed in the
probate court of Sedgwick county by J.G. Witmer, plaintiff
(appellant), in the estate of Frank C. Brosius, deceased,
defendant (appellee), for money allegedly deposited with decedent
as a down payment on residential property to be constructed by
O.A. Zimmerman, a building contractor. Thereafter, pursuant to
G.S. 1955 Supp., 59-2402a, the cause was transferred to the
district court, where issues were joined for trial. From an order
of the trial court sustaining a demurrer to plaintiff's evidence,
he appeals. Omitting the formal parts, the petition, insofar as is
pertinent, alleged that on October 9, 1951, plaintiff entered
into an oral contract with O.A. Zimmerman, contractor, by the
terms of which Zimmerman and decedent were to build a duplex for
plaintiff, the particular one to be selected later. On the same
day, plaintiff wrote a check for $9500.00 payable to O.A. and
Paul Zimmerman, and on the face of it he wrote "Payment on
Duplex." This check was endorsed by the Zimmermans, turned over
to decedent, endorsed by him and deposited to his personal
account. After the death of decedent, no duplex having been built
for plaintiff, he and O.A.
 "Witmer v. Estate of Brosius" by Supreme Court of Kansas * Book PDF Kindle ePub Free){kind=link}