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H & H FARMS, INC. v. HAZLETT

No. 51,810

6 Kan. App. 2d 263 (1981)

627 P.2d 1161

H & H FARMS, INC., Appellant and Cross-Appellee, v. VERN HAZLETT and FARM & RANCH REALTY, INC., Appellees and Cross-Appellants.

Court of Appeals of Kansas.

Opinion filed May 8, 1981.

Attorney(s) appearing for the Case

John F. McClymont, of Ryan, Kent, Wichman, Walter & McClymont, of Norton, for appellant and cross-appellee.

Kenneth Clark, of Clark & Shelton, of Hill City, for appellees and cross-appellants.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and J. PATRICK BRAZIL, District Judge, assigned.

ABBOTT, J.:

This is an action brought by the appellant, H & H Farms, Inc., (the purchaser of farmland) against appellees, Vern Hazlett and Farm & Ranch Realty, Inc., (a real estate broker and his agency). Appellant alleges fraudulent misrepresentation, mutual mistake of fact and unjust enrichment by the realtor, and seeks to recover actual and punitive damages. The realtor counterclaimed for malicious prosecution.

The trial court granted summary judgment...

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