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GEORGE v. BOLEN-WILLIAMS, REALTORS

No. 49,216

2 Kan. App. 2d 385 (1978)

580 P.2d 1357

RICHARD W. GEORGE, Appellee, v. DAN BOLEN, J. DONALD WILLIAMS, CHARLES STOVER, d/b/a BOLEN-WILLIAMS, REALTORS, a partnership; Appellants, ROBERT W. MERMIS and CHARLES STOVER, d/b/a M & S INVESTMENTS, a partnership, Defendants.

Court of Appeals of Kansas.

Opinion filed June 16, 1978.

Attorney(s) appearing for the Case

James P. Mize, of Clark, Mize & Linville, Chartered, of Salina, for appellants.

Clarence L. King, Jr. and David S. Knudson, of King, Stokes, Knudson & Nitz, Chartered, of Salina, for appellee.

Gerald L. Goodell, of Goodell, Cogswell, Stratton, Edmonds, Palmer & Wright, of Topeka, for amicus curiae Kansas Association of Realtors.

Before REES, P.J., SWINEHART and MEYER, JJ.

REES, J.:

This is an action for breach of fiduciary duty allegedly owed plaintiff by the appellants (hereafter "defendants"), who were real estate brokers engaged in business as partners. Judgment was entered upon jury verdict for $180,000 compensatory damages and $184,647 punitive damages. Defendants appeal. We affirm as to the compensatory damages and, subject to acceptance of remittitur, reverse for new trial as to punitive damages.

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