GALLAWAY v. PURCELL

No. 38,972

174 Kan. 659 (1953)

258 P.2d 349

ROY A. GALLAWAY and B. INEZ GALLAWAY, his wife, WILLIAM R. WOLFBERG and JOAN B. WOLFBERG, his wife, ARTHUR W. RETZLAFF and MAXINE RETZLAFF, his wife, J.A. TERRELL and GRACE VIRGINIA TERRELL, his wife, CARL GALLER and SYLVIA A. GALLER, his wife, BEN S. EICHER and BEULAH EICHER, his wife, WILLIAM J BUNT and PATRICIA V. BUNT, his wife, JOHN W. FLINT and FANNIE W. FLINT, his wife, ROBERT O. TURNER and DORIS A. TURNER, his wife, MUDGE I. LIEBERMAN and MARGARET I. LIEBERMAN, his wife, H.C. KULLMANN and WINNIE M. KULLMANN, his wife, RICHARD H. CRARY and MARY L. CRARY, his wife, and J. FRANK RICE and ALICE L. RICE, his wife, Appellees, v. FRANK H. PURCELL, individually, VIOLET PURCELL, individually, FLORENCE ROSKAM, sole legatee and devisee of Art Roskam, deceased, FRANK H. PURCELL, co-partner and surviving partner of FRANK H. PURCELL CONSTRUCTION CO., a general partnership, VIOLET PURCELL, wife of Frank H. Purcell, and FLORENCE ROSKAM, widow of Art Roskam, deceased, Defendants, and FRANK H. PURCELL, Appellant.

Supreme Court of Kansas.

Opinion filed June 6, 1953.


Attorney(s) appearing for the Case

Harold T. Beck, of Wichita, argued the cause, and John E. Boyer, George J. Hondros, Paul J. Donaldson and Kenneth P. Stewart, all of Wichita, were with him on the briefs for the appellant.

Harold A. Zelinkoff, of Wichita, argued the cause and was on the briefs for the appellees.


The opinion of the court was delivered by

PRICE, J.:

This appeal is from an order overruling a demurrer to a petition in an action to recover for alleged breach of warranty arising out of transactions for the sale of real estate.

The defendant, Frank H. Purcell, platted an addition to the city of Wichita and constructed houses thereon. Between November, 1950, and May, 1951, he sold thirteen of the houses to thirteen separate purchasers. Each transaction...

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