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Griffith v. Byers Construction Co. of Kansas, Inc.

510 P.2d 198 (Kan. 1973)

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Griffith v. Byers Construction Co. of Kansas, Inc.

Kansas Supreme Court

510 P.2d 198 (Kan. 1973)

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Facts

Griffith et al. (plaintiffs) bought new homes in a development developed by Byers Construction Co. of Kansas, Inc. (Byers) (defendant). Byers had sold the lots to the builders before they were eventually purchased by the plaintiffs. The development was on an abandoned oil field and as a result, the saline content of the soil was too high to grow anything. Byers knew of the oil field and knew or should have known that the soil was not suited for vegetation. However, Byers concealed this information from the plaintiffs. Due to the grading of the lots, the plaintiffs were unable to discover the defect in the soil. The plaintiffs brought suit for fraud. The trial court granted Byers summary judgment because there was no privity between Byers and the plaintiffs. The plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Fromme, J.)

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