No. 78,313.

265 Kan. 431 (1998)

961 P.2d 32

ARTHUR J. GEORGE and JANET GEORGE, Appellees/Cross-appellants, v. CAPITAL SOUTH MORTGAGE INVESTMENTS, INC., et al., Appellants/Cross-appellees.

Supreme Court of Kansas.

Opinion filed June 19, 1998.

Attorney(s) appearing for the Case

Jeffrey M. Friedman, of Friedman & Weddington, Attorneys, L.L.P., of Austin, Texas, argued the cause, and Thomas M. Martin, of Lewis, Rice & Fingersh, L.C., of Kansas City, Missouri, was with him on the briefs for appellant/cross-appellee Capital South Mortgage Investments, Inc.

Spencer J. Brown, of Deacy & Deacy, of Kansas City, Missouri, argued the cause, and Brett C. Coonrod, of the same firm, was with him on the briefs for appellant/cross-appellee Castanuela.

John H. Fields, of Kansas City, argued the cause, and Edwin Fields, of the same firm, was with him on the brief for appellees/cross-appellants.

The opinion of the court was delivered by


The plaintiffs, Arthur J. and Janet George, sought to obtain financing for the purchase of a house from a quasi relative-friend. However, due to the alleged misrepresentation of those parties who secured the financing, the plaintiffs unintentionally borrowed more money than they intended to borrow and at a higher interest rate. Thus, the plaintiffs brought suit in Wyandotte County District Court against...

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