JENKINS v. McCORMICK

No. 41,435

184 Kan. 842 (1959)

339 P.2d 8

ALLENE JENKINS, Appellee, v. JOHN McCORMICK, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.


Attorney(s) appearing for the Case

William L. Parker, Jr., of Topeka, argued the cause, and George E. McCullough, Robert L. Kimbrough, and Walter N. Scott, all of Topeka, were with him on the brief for the appellant.

C.K. Sayler, of Topeka, argued the cause, and was on the brief for the appellee.


The opinion of the court was delivered by

JACKSON, J.:

In the district court, the appellee filed a suit against the appellant and in her petition alleged that she had purchased a newly constructed house from the defendant who was a contractor; that there was a latent defect in the floor of the basement apartment; that the defendant knew of such defect and fraudulently concealed the same to the damage of the plaintiff. Plaintiff sought damages because of the...

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