[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 07, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This is the second appearance of this action for appellate
review. (See Witmer v. Estate of Brosius, 181 Kan. 200,
310 P.2d 937.) The action originated in the probate court as a demand
filed against the estate of Frank C. Brosius, deceased,
(defendant-appellant) for money allegedly deposited with decedent
as a down payment on a 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. The first
appeal was taken to this court from an order of the trial court
sustaining a demurrer to the plaintiff's evidence. This court
reversed, holding the evidence sufficient to make out a prima
facie case against the defendant estate. After retrial, wherein both parties presented evidence,
judgment was entered generally in favor of J.G. Witmer
(plaintiff-appellee), and against the estate of Frank C. Brosius,
deceased, pursuant to findings of fact and conclusions of law
made by the trial court. Appeal has been duly perfected from all
adverse rulings presenting the following questions for review
(quoting from appellant's brief):
"1. Did the plaintiff introduce any evidence to
support the basic allegations of the Amended Petition
in order to withstand a demurrer by the defendant?
"2. Did a trust relationship ever exist between the
decedent, Frank C. Brosius, and J.G. Witmer?"