FORD v. GUARANTEE ABSTRACT & TITLE CO.

No. 47,992

220 Kan. 244 (1976)

553 P.2d 254

WAYNE L. FORD AND MARGARET W. FORD, Appellees and Cross-Appellants, v. GUARANTEE ABSTRACT AND TITLE CO., INC., CHICAGO TITLE INSURANCE CO., JESSE H. CLAY, JR., and CONNIE G. CLAY, Appellants.

Supreme Court of Kansas.

Opinion filed July 23, 1976.


Attorney(s) appearing for the Case

George Maier, Jr., of Weeks, Thomas, Lysaught, Bingham & Mustain, Chartered, of Kansas City, argued the cause, and was on the brief for the appellants, Guarantee Abstract and Title Co., Inc., and Chicago Title Insurance Co.

Richard D. Rixner, of Alder, Rixner & Zemites, of Shawnee Mission, argued the cause, and John J. Alder and Darrell D. Wiard, both of Shawnee Mission, were on the brief for the appellants, Jesse H. Clay, Jr., and Connie G. Clay.

Robert E. Fabian, of McAnany, Van Cleave & Phillips, P.A., of Prairie Village, argued the cause, and was on the brief for the appellees and cross-appellants.


The opinion of the court was delivered by

SCHROEDER,, J.:

This is an action by the purchasers of real estate who paid the full purchase price, but the sale was never consummated and title never transferred to the plaintiffs. Upon refusal to return the funds after demand the purchasers sued the sellers, the real estate agents, the title insurance company and its agent and a mortgage company dealing with the funds. Some defendants were sued in contract and some...

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