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SCHOLZ HOMES, INC. v. WALLACE

Nos. 76-1258, 76-1259.

590 F.2d 860 (1979)

SCHOLZ HOMES, INC., Plaintiff-Appellant-Cross-Appellee, v. Wayne O. WALLACE, Jr., M. D. and Mrs. Wayne Wallace, Jr., Defendants-Counterclaimants-Appellants-Cross-Appellees, v. Richard A. LUTES, Counterdefendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Kenneth F. Crockett, Topeka, Kan. (with Eugene W. Hiatt, Topeka, Kan., on brief), of Hiatt, Crockett, Hiatt & Carpenter, Chartered, Topeka, Kan., for Scholz Homes, Inc. and Richard A. Lutes.

Charles D. McAtee, Topeka, Kan. (with Paul H. Hulsey, Topeka, Kan., on brief), of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for Wayne O. Wallace, Jr., M. D., and Mrs. Wayne Wallace, Jr.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McKAY, Circuit Judge.

In the fall of 1971 Dr. Wayne O. Wallace, Jr. and his wife became interested in building a family residence by obtaining a "package" home manufactured by Scholz Homes, Inc. (Scholz). Their initial written inquiries were answered in person by Richard A. Lutes, a Scholz district sales manager, who showed the Wallaces promotional materials and discussed with them various packages and their costs.

The promotional materials stated that a Scholz...

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