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MAXWELL v. REDD

No. 46,222

209 Kan. 264 (1972)

496 P.2d 1320

ERNEST A. MAXWELL and ROWENA MAXWELL, Appellees, v. GEORGE V. REDD, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1972.

Attorney(s) appearing for the Case

Frank S. Hodge, of Hodge, Reynods, Smith, Peirce and Forker, of Hutchinson, argued the cause, and Dennis O. Smith, of the same firm, was with him on the brief for the appellant.

William Y Chalfant, of Hutchinson, argued the cause, and H. R. Branine, of Hutchinson, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This action was brought by plaintiffs-appellees to recover damages from defendant-appellant on the theory that defendant breached covenants of title in a deed for conveyance to plaintiffs. The controversy arose when it was discovered, after an exchange of one-half quarter sections of land, that defendant did not own the one-half of the quarter section which he conveyed but only 76.5 acres thereof, which was...

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