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HELLER v. MARTIN

No. 62,184

14 Kan. App. 2d 48 (1989)

782 P.2d 1241

E. MORTON HELLER and BONNIE E. HELLER f/k/a BONNIE E. McFALL, Appellants, v. ANNE Z. MARTIN, EDWIN R. CLARKE, and ED CLARKE CO., Appellees.

Court of Appeals of Kansas.

Opinion filed August 25, 1989.

Attorney(s) appearing for the Case

Ray E. Simmons, of Wichita, for appellants.

Craig W. West and Jay F. Fowler, of Foulston, Siefkin, Powers & Eberhardt. of Wichita, for appellees.

Before RULON, P.J., REES, J., and DEAN J. SMITH, District Judge, assigned.

MEMORANDUM OPINION

REES, J.:

This is a "wet basement case" brought by the purchasers of a Wichita residence, plaintiffs E. Morton Heller and Bonnie E. Heller (Heller), against the seller of the residence, defendant Anne Z. Martin. Alleging that Martin was liable for breach of contract, commission of a Kansas Consumer Protection Act (KCPA) deceptive act (K.S.A. 50-626), and fraud, Heller sought recovery for actual damages, attorney fees, and punitive damages...

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