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SMITH v. STEPHENS

No. 74,314.

23 Kan. App.2d 1013 (1997)

940 P.2d 68

PAUL and SUSAN SMITH, Appellants/Cross-Appellees, v. ANN STEPHENS, Appellee/Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

Robert R. Laing, Jr., of Overland Park, for appellants/cross-appellees.

Lewanna Bell-Lloyd, of Moriarty, Erker & Moore, of Overland Park, and Kathleen L. Sloan, of Overland Park, for appellee/cross-appellant.

Before ELLIOTT, P.J., GREEN, J., and JOHN E. SANDERS, District Judge, assigned.

ELLIOTT, J.:

Paul and Susan Smith appeal the trial court's finding they failed to prove damages at trial. Defendant Ann Stephens cross-appeals the trial court's finding that she committed fraud.

We affirm.

The Smiths purchased Stephens' liquor business and assumed the business' lease obligation. The Smiths later discovered the difference between what Stephens represented as gross receipts for 1993 and the actual receipts was some $108,000.

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