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SOMERSET ACRES v. DANIELS

No. 42,756

191 Kan. 583 (1963)

383 P.2d 952

SOMERSET ACRES WEST HOMES ASSOCIATION Appellee, v. CHARLES B. DANIELS, JR., and CHARLES B. DANIELS JR., INC., Appellants.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

James R. Hoover, of Prairie Village, argued the cause and was on the briefs for the appellants.

Lyndus A. Henry, of Overland Park, argued the cause and Buford L. Shankel, David R. Gillman, Gwendolyn V. Falkenberg and Marvin Rainey, all of Overland Park were with him on the briefs for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

The plaintiff association here is the incorporated association of the purchasers of homesites in Somerset Acres West, an exclusive addition in Johnson county. The defendant is the developer of the addition, Mr. Charles B. Daniels, Jr.

The houses and sites in this subdivision were designed to be on the order of "estates" rather than simple lots and houses...

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