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WILDER v. WILHITE

No. 42,938

190 Kan. 564 (1962)

376 P.2d 797

CLYDE WILDER and MARY M. WILDER, Appellees, v. BESS WILHITE, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

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

Edward H. Powers, of Kansas City, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to recover damages for breach of a covenant of warranty arising out of the conveyance of real estate in Taney County, Missouri, by warranty deed. The trial court overruled a demurrer to the second amended petition and appeal has been duly perfected from this order.

The primary question presented is whether the second amended petition alleges a breach of the warranty contained...

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