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LETZIG v. RUPERT, EXECUTOR

No. 46,312

209 Kan. 143 (1972)

495 P.2d 955

WALTER C. LETZIG, and LILLIAN I. LETZIG, husband and wife; FREDERICK K. CROSS, Administrator w.w.a. Estate of Lee Young, deceased, and JOSIE YOUNG; HOWARD P. O'HARO and MARY A. O'HARO, husband and wife, Appellants, v. RICHARD RUPERT, Executor Estate of Juanita R. Rupert, deceased; and LLOYD R. WALLACE, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

Marion C. Miller, of Kansas City, argued the cause and was on the brief for the appellants.

William E. Scott, of Kansas City, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

This is an action for damages caused by the misrepresentation, fraud, and deceit of the defendant. The trial court sustained a motion for summary judgment in favor of the defendant on the grounds that the plaintiffs' causes of action were premature.

The controversy centers around Form 319A "Option Agreement — Flat Payment," whereby each of the plaintiffs...

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