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SEWELL v. DOLBY

No. 38,401

171 Kan. 640 (1951)

237 P.2d 366

JAMES F. SEWELL, Appellant, v. THEODORE R. DOLBY and VIRGINIA T. DOLBY, Appellees.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

Marion C. Miller, of Kansas City, argued the cause, and Edward A. Benson, Jr., of Kansas City, was with him on the briefs for the appellant.

Harry Miller, Jr., of Kansas City, argued the cause and Joseph H. McDowell, of Kansas City, was with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

Plaintiff commenced an action to recover a deposit in connection with a purchase of real estate. Defendants filed an answer and counterclaim in which they sought specific performance. The defendants prevailed and plaintiff appeals.

In the petition it was alleged that Zolezzi, a real estate agent, and McDowell, an attorney, were agents of defendants Dolby, and that on March 21, 1950, Zolezzi induced...

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