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VANUM CONST. CO. v. MAGNUM BLOCK, L.L.C.

No. 103,385.

245 P.3d 1069 (2010)

VANUM CONSTRUCTION CO., INC., Appellee, v. MAGNUM BLOCK, L.L.C., Appellant.

Court of Appeals of Kansas.

December 10, 2010.

Attorney(s) appearing for the Case

Suzanne R. Bruss and John G. Schultz , of Franke, Schultz & Mullen, P.C., of Kansas City, Missouri, for appellant.

Peter Maharry , of Fisher, Patterson, Sayler & Smith, LLP, of Overland Park, for appellee.

Before MALONE, P.J., CAPLINGER and LEBEN, JJ.

CAPLINGER, J.

Vanum Construction Company, Inc., (Vanum), plaintiff-appellee, and Magnum Block, L.L.C., (Magnum), defendant-appellant, entered into a contract in which Magnum agreed to build a retaining wall and install pavers for a construction project led by Vanum. After Vanum discovered cracks in the retaining wall, it sued Magnum for breach of contract, negligence, and breach of implied warranty. In its answer, Magnum asserted a counterclaim alleging Vanum failed...

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