FOREMOST CONSTRUCTION COMPANY v. KILLAM

Nos. 24283, 24284.

399 S.W.2d 593 (1966)

FOREMOST CONSTRUCTION COMPANY, a Corporation, Plaintiff-Appellant, v. Mary Jane KILLAM and Liberty Bank of Honolulu, Defendant Third-Party Plaintiffs-Respondents, v. KANSAS CITY TITLE INSURANCE COMPANY, Third-Party Defendant Appellant.

Kansas City Court of Appeals. Missouri.

February 7, 1966.


Attorney(s) appearing for the Case

Thomas M. Sullivan, Downey, Sullivan & McCormick, Kansas City, for plaintiff appellant and for third-party defendant-appellant.

R. B. Miller, Jr., John R. Moore, Platte City, for respondents.


SPERRY, Commissioner.

This suit in equity was brought for the purpose of cancelling a deed of trust.

Plaintiff, Foremost Construction Company, a corporation, sued Mary Jane Killam for damages growing out of an alleged breach of warranty on a tract of land conveyed by her to plaintiff's grantor. Liberty Bank of Honolulu was also named as a defendant because it had acquired from defendant an interest in the note and deed of trust given to defendant as purchase...

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