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MILES EXCAVATING, INC. v. RUTLEDGE BACKHOE & SEPTIC TANK SERVICES, INC.

No. 74,855.

23 Kan. App.2d 82 (1996)

927 P.2d 517

MILES EXCAVATING, INC., Appellant, v. RUTLEDGE BACKHOE AND SEPTIC TANK SERVICES, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed November 22, 1996.

Attorney(s) appearing for the Case

Lori R. Schultz and William E. Hanna, of Morrison & Hecker, L.L.P., of Kansas City, Missouri, for appellant.

J. Michael Grier, Lori H. Hill, and Jeff Kennard, of Blackwell Sanders Matheny Weary & Lombardi, L.C., of Overland Park, for appellee.

Before ELLIOTT, P.J., KNUDSON, J., and RICHARD M. SMITH, District Judge, assigned.

ELLIOTT, J.:

Miles Excavating, Inc., (Miles) sued Rutledge Backhoe and Septic Tank Services, Inc., (Rutledge) for breach of contract and fraud or fraud in the inducement of a release agreement. The trial court granted Rutledge's motion to dismiss for failure to state a claim and denied Miles' request to file an amended petition.

We reverse and remand.

The petition made the following allegations: Miles and Rutledge agreed to provide services on a project...

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