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SLAYMAKER v. WESTGATE STATE BANK

No. 59,149

241 Kan. 525 (1987)

739 P.2d 444

THOMAS SLAYMAKER, Appellant, v. WESTGATE STATE BANK and TOM ROSE, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1987.

Attorney(s) appearing for the Case

Bernard E. Brown, of Kansas City, Missouri, argued the cause, and James F. Foster, of Kansas City, Kansas, was with him on the briefs for appellant.

R. Pete Smith, of McDowell, Rice & Smith, Chartered, of Kansas City, argued the cause and was on the brief for appellee Westgate State Bank.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Plaintiff Thomas Slaymaker sued defendants Westgate State Bank and Tom Rose for fraud and violations of the federal odometer law arising out of the purchase of a 1962 Triumph TR-3. The district court granted defendant bank partial summary judgment on the fraud count. On the federal odometer claim, the jury found for plaintiff and awarded actual damages of $3,500 (tripled under the federal law to $10...

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