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WARE v. CHRISTENBERRY

No. 52,351

7 Kan. App. 2d 1 (1981)

637 P.2d 452

HARRY and MARY WARE, Appellants, v. MEL CHRISTENBERRY and HERRMAN'S EXCAVATING, INC., Appellees.

Court of Appeals of Kansas.

Opinion filed December 10, 1981.

Attorney(s) appearing for the Case

Donna Dill, Allan A. Hazlett and Eric K. Johnson, of Schroeder, Heeney, Groff & Hiebert, of Topeka, for appellants.

Frank M. Rice, of Jones, Schroer, Rice, Bryan & Lykins, Chartered, of Topeka, for appellee Mel Christenberry.

William T. Nichols, of Marshall, Hawks, Hendrix, Schenk & Nichols, of Topeka, for appellee Herrman's Excavating, Inc.

Before JUSTICE HOLMES, presiding, MEYER, J. and HARRY G. MILLER, District Judge Retired, assigned.

HOLMES, J.:

Harry and Mary Ware, husband and wife, plaintiffs below, appeal from an order entered by the district court granting the defendants' motion for summary judgment.

In March of 1968, appellants contracted with appellee, Mel Christenberry, a general building contractor, for the construction of a house. During the summer of 1968 excavation was done, the foundation laid and the house built at 2226 DeSousa Court, Topeka, Kansas. The filling and excavation...

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