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LAWSON v. DURANT

No. 47,105

213 Kan. 772 (1974)

518 P.2d 549

CHESTER AAI LAWSON, and CARRIE L. LAWSON, Appellees, v. EARL EUGENE DURANT, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1974.

Attorney(s) appearing for the Case

Ray Hodge, of Beaty, Hodge and Wood, of Wichita, argued the cause and was on the brief for the appellant.

Kenneth F. Beck, of Wichita, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for damages to real property caused by waste. The case was tried to a jury which returned a verdict for the plaintiffs in the sum of $1,000 upon which the trial court entered judgment. The defendant has duly perfected an appeal.

The underlying issue is whether the action for damages based upon waste to the real property is outside the terms of the written installment sales contract...

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