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FIRST SAVINGS BANK v. FREY

No. 85,905.

29 Kan. App.2d 436 (2001)

27 P.3d 934

FIRST SAVINGS BANK, F.S.B., Appellant/Cross-appellee, v. DARRIN E. FREY and PAULA L. KELLY-FREY, Appellees/Cross-appellants.

Court of Appeals of Kansas.

Opinion filed July 6, 2001.

Attorney(s) appearing for the Case

Brenda J. Bell, of Seaton, Miller, Bell & Seaton, L.L.P., of Manhattan, for appellant/cross-appellee.

Kent Oleen, of Vogel & Oleen, L.L.P., of Manhattan, for appellees/cross-appellants.

Before MARQUARDT, P.J., JOHNSON, J., and JACKSON, S.J.

MARQUARDT, J.:

First Savings Bank, F.S.B., (Bank) appeals the trial court's ruling that it breached an escrow contract with Darrin E. Frey and Paula L. Kelly-Frey. The Freys cross-appeal the trial court's ruling on damages and attorney fees. We affirm in part and reverse in part.

In May 1996, the Freys signed an installment contract for the purchase of real estate from the Homes. The contract stipulated that the Freys would make their monthly payments, which...

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