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MOORE v. MUNTZEL

No. 50,786

231 Kan. 46 (1982)

642 P.2d 957

HAROLD A. MOORE, and E. LOUISE MOORE, d/b/a DAVENPORT APPLIANCES, Appellees, v. PHILOMENA B. MUNTZEL, Appellant.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and Donald D. Jarrett, of Prairie Village, was with him on the brief for appellant.

Thomas Francis Sullivan, of McDonald & Dykes, of Overland Park, argued the cause and John J. Alder and Douglas C. McKenna, of Alder, Zemites, Nelson & McKenna, of Overland Park, were with him on the briefs for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by a tenant against a landlord to recover damages sustained when the leased premises were destroyed by fire. The trial court held in favor of the tenant on a negligence theory. The Court of Appeals held the landlord was not negligent, as a matter of law, but remanded the case to the trial court for consideration of alternatively plead theories of liability. The matter is before this...

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