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BLAIR CONSTR., INC. v. McBETH

No. 86,237

273 Kan. 679 (2002)

44 P.3d 1244

BLAIR CONSTRUCTION, INC., Appellee/Cross-appellant, v. JOHN W. MCBETH and FRANCES L. MCBETH, Appellants/Cross-appellees, and CAPITOL FEDERAL SAVINGS and SEDGWICK COUNTY BOARD OF COUNTY COMMISSIONERS, Defendants.

Supreme Court of Kansas.

Opinion filed April 26, 2002.

Attorney(s) appearing for the Case

Wyatt A. Hoch, of Foulston & Siefkin L.L.P., of Wichita, argued the cause, and Trevor C. Wohlford, of the same firm, was with him on the briefs for appellants/ cross-appellees John W. McBeth and Frances L. McBeth.

Timothy J. King, of Speth & King, of Wichita, argued the cause and was on the brief for appellee/cross-appellant Blair Construction, Inc.

The opinion of the court was delivered by

LOCKETT, J.:

Homebuyers John and Frances McBeth appeal the district court's order holding that the builder, Blair Construction, Inc. (BCI), was entitled to an in personam and in rem judgment. Homebuyers challenge the enforceability of a promissory note and a second mortgage entered into after the delivery of the warranty deed to homebuyers and the trial court's award of prejudgment interest to the builder. Builder...

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