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LINSCOTT v. SMITH

No. 49,298

3 Kan. App. 2d 1 (1978)

587 P.2d 1271

HAROLD P. LINSCOTT and GLENDA LINSCOTT, Appellants, v. IVAN SMITH, d/b/a BESTWAY MOBILE HOMES, and BESTWAY MOBILE HOMES, INC., Appellees.

Court of Appeals of Kansas.

Opinion filed December 15, 1978.

Attorney(s) appearing for the Case

Patrick L. Dougherty and Harry W. Saums, of Wichita, for appellants.

James W. Wilson and Warren G. Jones, of Alkire, Dwire and Wood, of Wichita, for appellees.

Before FOTH, C.J., ABBOTT and REES, JJ.

REES, J.:

Plaintiffs brought this action for damages for breach of implied warranties of merchantability (K.S.A. 84-2-314) and fitness for a particular purpose (K.S.A. 84-2-315). The named defendants are Ivan Smith and his corporation, Bestway Mobile Homes, Inc. The parties have referred to and treated Smith as the defendant and we will do likewise. Trial was to the court. Judgment was entered for defendant. Plaintiffs appeal. We reverse.

At issue on appeal...

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