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HEWITT v. KIRK'S REMODELING & CUSTOM HOMES

No. 108,159.

310 P.3d 436 (2013)

George HEWITT, et al., Appellants, v. KIRK'S REMODELING AND CUSTOM HOMES, INC., Appellee.

Court of Appeals of Kansas.

October 11, 2013.

Attorney(s) appearing for the Case

Mark D. Murphy , of The Murphy Law Firm, LLC, of Overland Park, for appellants.

Leonard K. Frischer and Kenneth J. Morton , of Frischer & Schaffer, Chartered, of Overland Park, for appellee.

Before BRUNS, P.J., GREEN and BUSER, JJ.

BUSER, J.

This appeal involves a contractual dispute between a home builder, Kirk's Remodeling and Custom Homes, Inc. (Kirk's), and the homeowners, George and Vicki Hewitt (the Hewitts). The Hewitts purchased their newly built home from Kirk's. Upon completion of the construction, Kirk's gave the Hewitts an express warranty that promised to provide a house free from defects in materials or workmanship; Kirk's also promised that if defects arose during the 1-year warranty...

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