ETTUS v. ORKIN EXTERMINATING CO.

No. 54,467

233 Kan. 555 (1983)

665 P.2d 730

MARY ETTUS, Appellee/Appellant/Cross-Appellant/Cross-Appellee, v. ORKIN EXTERMINATING CO., INC., Appellant/Cross-Appellee, ALFRED L. HOHNBAUM, ETHEL M. HOHNBAUM, Appellees/Cross-Appellants, KEN BUELTEL d/b/a Ken Bueltel and Associates, Appellee, DANIEL MITCHELL, Special Administrator for the Estate of Wilbur T. Gorrell, Deceased, Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed June 10, 1983.


Attorney(s) appearing for the Case

Gary D. McCallister, of Davis, Unrein, Hummer & McCallister, of Topeka, argued the cause, and Charles L. Davis, Jr., of the same firm, was with him on the brief for appellant/cross-appellee, Orkin Exterminating Co., Inc.

Thomas W. Regan, of Topeka, argued the cause and was on the brief for appellees/cross-appellants, Alfred L. and Ethel M. Hohnbaum.

Alan V. Johnson, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, argued the cause, and Myron L. Listrom, of the same firm, was with him on the brief for appellees/cross-appellants Daniel Mitchell, Special Administrator for the Estate of Wilbur T. Gorrell, and appellee Ken Bueltel, d/b/a Ken Bueltel and Associates.

George E. Erickson, Jr., of Topeka, argued the cause and Leonard M. Robinson, of Topeka, was with him on the brief for appellee/appellant/cross-appellant/cross-appellee, Mary Ettus.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal from a jury verdict, and judgments entered thereon, in favor of the plaintiff buyer and the former owners of the real property involved in an action for actual and punitive damages based upon allegations of fraud and negligence in the sale of a termite-ridden house to the plaintiff. In April, 1978, the plaintiff Mary Ettus bought a home in North Topeka from Alfred L. and Ethel M. Hohnbaum...

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