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HODGES v. JOHNSON

No. 97,062.

178 P.3d 59 (2008)

Merle J. "Boo" HODGES MD and Melissa R. Hodges, Appellants/Cross-appellees, v. Jim JOHNSON d/b/a Johnson and Associates, Appellee/Cross-appellant.

Court of Appeals of Kansas.

March 14, 2008.

Attorney(s) appearing for the Case

Robert A. Martin and Lawrence E. Nordling, of Norton, Wasserman, Jones & Kelly, L.L.C., of Salina, for appellants/cross-appellees.

Larry G. Michel and Chris J. Kellogg, of Kennedy Berkley Yarnevich & Williamson, Chartered, of Salina, for appellee/cross-appellant.

Before MARQUARDT, P.J., GREEN and LEBEN, JJ.

MARQUARDT, P.J.

Merle J. "Boo" Hodges, M.D., and Melissa R. Hodges (hereafter Dr. Hodges, Mrs. Hodges, or the Hodges) appeal from the district court's denial of an award of attorney fees. Jim Johnson, d/b/a Johnson and Associates, cross-appeals claiming he did not breach the warranty of merchantability and that the Hodges failed to adequately prove their damages. We affirm in part and reverse in part.

Johnson is a car dealer who sells used cars. Johnson sold...

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