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HODGES v. JOHNSON

No. 97,062.

199 P.3d 1251 (2009)

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

Supreme Court of Kansas.

January 30, 2009.

Attorney(s) appearing for the Case

Robert A. Martin, of Norton, Wasserman, Jones ones & Kelly, L.L.C., of Salina, argued the cause, and was on the brief, and Lawrence E. Nordling, of the same firm, was with him on the reply brief for appellants/cross-appellees.

Chris J. Kellogg, of Kennedy Berkley Yarnevich & Williamson, Chartered, of Salina, argued the cause, and Larry G. Michel, of the same firm, was with him on the briefs for appellee/cross-appellant.

The opinion of the court was delivered by DAVIS, J.:

The small claims court granted judgment against a used-car dealer for the cost of replacing a defective air conditioner in a vehicle purchased by a consumer. The used-car dealer appealed the monetary award; the district court affirmed but denied the plaintiffs' request for attorney fees. Both parties appealed. The Court of Appeals reversed the district court, concluding that the implied warranty of merchantability...

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