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MODERN AIR CONDITIONING, INC. v. CINDERELLA HOMES, INC.

No. 49,832

226 Kan. 70 (1979)

596 P.2d 816

MODERN AIR CONDITIONING, INC., Appellee, v. CINDERELLA HOMES, INC., et al., Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1979.

Attorney(s) appearing for the Case

Keith A. Greiner, of Keith A. Greiner, Chartered, of Emporia, argued the cause and was on the brief for the appellants.

Michael G. Patton, of Patton & Meyer, of Emporia, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by Ames Real Estate, Inc., from a judgment for $35,217.47 entered against it and in favor of Mr. and Mrs. Larry J. Madsen, following a jury trial in Lyon District Court. A statement of the complicated background facts is necessary to an understanding of the various issues presented.

Fred Warbritton and Marion Gum organized a corporation, Cinderella Homes, Inc., in 1974. The purpose...

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