CAPITOL FED'L SAVINGS & LOAN ASS'N v. HOHMAN

No. 55,420

9 Kan. App. 2d 217 (1984)

675 P.2d 384

CAPITOL FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation, Plaintiff, v. LOREN H. HOHMAN, SR., BETTY LOU HOHMAN, et al., Defendants, and DONALD GABLER and LEAH F. GABLER, Cross-Petitioners/Appellees, v. LOREN H. HOHMAN, SR., and BETTY LOU HOHMAN, Appellants. Affirmed .

Court of Appeals of Kansas.

Opinion filed January 26, 1984.


Attorney(s) appearing for the Case

Thomas W. Regan, of Topeka, for the appellants Loren H. Hohman, Sr. and Betty Lou Hohman.

Ralph E. Skoog, of Ralph E. Skoog, P.A., of Topeka, for the appellees Donald Gabler and Leah F. Gabler.

Before FOTH, C.J.; TERRY L. BULLOCK, District Judge, Assigned; and FREDERICK WOLESLAGEL, District Judge, Retired, Assigned.


FOTH, C.J.:

The issue in this case is whether punitive damages may be awarded to the victim of a willful breach of trust where the injury suffered is fully remedied by an equitable decree so that no monetary award of actual damages is made. We hold that they may.

This case started as a mortgage foreclosure action brought by Capitol Federal Savings and Loan Association. At trial the right to foreclose was not in dispute. The controversy centered on the dealings...

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