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ANDRES v. CLAASSEN

No. 57,787

238 Kan. 732 (1986)

714 P.2d 963

ORLANDO L. ANDRES, a single man; DORIS R. ANDRES, a single woman; WILLIS G. ANDRES and MARTHA LUCILLE ANDRES, husband and wife; Plaintiffs-Appellees and Cross-Appellants, v. ROLAND L. CLAASSEN, Defendant-Appellant, v. DONALD D. DANNAR and MARY B. DANNAR; husband and wife, Third-Party Defendants, and KANSAS DEPARTMENT OF TRANSPORTATION OF THE STATE OF KANSAS, Third-Party Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed February 21, 1986.

Attorney(s) appearing for the Case

Michael S. Sizemore, of Speir, Stroberg & Sizemore, of Newton, argued the cause and was on the briefs for appellant.

Richard V. Foote, of Matlack & Foote, P.A., of Wichita, argued the cause, and Arnold C. Nye, of Nye & Nye, of Newton, was with him on the brief for appellees and cross-appellants.

Lisa E. Schwinn, of the Kansas Department of Transportation, argued the cause, and Michael B. Rees, chief counsel, was with her on the brief for third-party defendant-appellee Kansas Department of Transportation.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the sellers of real estate against the buyer for the construction and reformation of certain deeds and for the recovery of actual and punitive damages for alleged misrepresentation and fraud on the part of the defendant/buyer. The plaintiffs/sellers are the members of the Andres family. The defendant/buyer is Roland L. Claassen. In the course of the proceedings, the buyer filed...

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