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DICKER v. SMITH

No. 47,422

215 Kan. 212 (1974)

523 P.2d 371

MICHAEL HENRY DICKER, Appellant, v. BENJAMIN NEAL SMITH and YVONNE SMITH, and EDWIN R. CLARKE, d/b/a ED CLARKE COMPANY REALTORS, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Richard V. Foote, of Blair, Matlack, Rogg, Foote and Scott, P.A., of Wichita, argued the cause and was on the briefs for the appellant and cross-appellee, Michael Henry Dicker.

Ernest McRae, of McRae and Early, of Wichita, argued the cause and was on the brief for the appellees and cross-appellants, Benjamin Neal Smith and Yvonne Smith.

W. Jay Esco, of Wichita, argued the cause and was on the brief for the appellee and cross-appellant, Edwin R. Clarke, d/b/a Ed Clarke Company Realtors.

The opinion of the court was delivered by

FOTH, C.:

This is an action for actual and punitive damages for fraud in the sale of a home in Wichita. The plaintiff, Michael H. Dicker, alleged that the defendants fraudulently represented the house to be free from termites when he bought it. The defendants Benjamin and Yvonne Smith are the owner-sellers, and the defendant Edwin R. Clarke is the real estate broker who handled...

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