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LEWIS v. SHAWNEE STATE BANK

No. 49,668

226 Kan. 41 (1979)

596 P.2d 116

ELEANORA M. LEWIS, ROBERT RAZO, and BARBARA RAZO, Appellees, v. THE SHAWNEE STATE BANK OF SHAWNEE, KANSAS, Appellant, v. ACTION, INC., REALTORS, Third Party Defendant.

Supreme Court of Kansas.

Opinion filed June 9, 1979.

Attorney(s) appearing for the Case

Lewis A. Heaven, Jr. and Roy S. Bennett, Jr., of Shawnee, argued the cause and were on the brief for the appellant.

George W. Earnshaw, of Ivan and Earnshaw, of Shawnee Mission, argued the cause, and Janine Hassler, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

Eleanora M. Lewis and husband sold a house on contract to Robert and Barbara Razo. Before the contract was performed the house was destroyed by fire. The seller, Eleanora M. Lewis, and the buyers joined as plaintiffs in a suit against the Shawnee State Bank, which had been designated the escrow agent for the parties in their contract. A judgment in the amount of $8,000.00 was obtained against the bank as...

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