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THOMAS v. DAVIS-MOORE DATSUN, INC.

No. 59,090

11 Kan. App. 2d 622 (1987)

731 P.2d 1283

DAVID THOMAS, Appellant, v. DAVIS-MOORE DATSUN, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed January 29, 1987.

Attorney(s) appearing for the Case

Charles H. Apt, III, of Glaves, Evans, Hoke & Apt, of Wichita, for appellant.

Everett C. Fettis, of Fettis and McClure, of Wichita, for appellee.

Before REES, P.J., PARKS and MEYER, JJ.

MEYER, J.:

On September 21, 1982, David Thomas filed suit against Davis-Moore Datsun, Inc., (Davis-Moore) and Nissan Motor Corporation (Nissan), alleging violations of the Kansas Consumer Protection Act, breach of the implied warranty of merchantability, and fraud in connection with Thomas' purchase of an automobile from Davis-Moore.

The district court awarded plaintiff damages and attorney fees and ruled that the award "be borne equally by the defendants...

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