REEVES, Chief Judge.
This is an action on a Performance Bond executed by the defendant as surety on September 30, 1946. The plaintiff has sued, not as an obligee on said bond, but as a "successor" of the owner of property located at 4501 Lloyd Avenue in Kansas City, Wyandotte County, Kansas.
The circumstances are substantially as follows: One Roebrt K. Berkus, Jr., and Mary K. Berkus, his wife, contemplated the purchase of the property as above described,...
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