Supreme Court of Kansas April 11, 1936, No. 32,527 (Nelson v. Schippel)

The opinion of the court was delivered by

Wedell, J.:

This was an action for specific performance of a written contract or for damages in the alternative.

Defendant appeals from adverse rulings on motions and demurrers to plaintiffs’ respective petitions. Three petitions were filed. Defendant lodged against the original petition a motion to strike a certain portion thereof, which was overruled.