LEWIS v. JETZ SERVICE CO.

No. 83,590.

27 Kan. App.2d 937 (2000)

9 P.3d 1268

RICHARD W. LEWIS and LINDA J. LEWIS, Appellees, v. JETZ SERVICE CO., INC., Defendant, and JOHN W. ROE, Appellant.

Court of Appeals of Kansas.

Opinion filed August 11, 2000.


Attorney(s) appearing for the Case

Keith E. Martin, of Smith, Shay, Farmer & Wetta, LLC, of Wichita, for appellant.

Kurt A. Harper, of Sherwood & Harper, of Wichita, for appellees.

Before RULON, P.J., KNUDSON, J., and TIMOTHY E. BRAZIL, District Judge, assigned.


KNUDSON, J.:

John W. Roe appeals a money judgment entered upon the claim of Richard W. Lewis and Linda J. Lewis that Roe breached the warranty of title in a warranty deed. The controlling issue on appeal is whether a warranty of title is breached when the grantee (Lewises) must bring a forcible detainer action to evict a third party who asserts an honest but unfounded claim of a possessory interest in the property conveyed. The district court held that it made no...

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