GRIFFITH v. BYERS CONSTR. CO. OF KANSAS, INC. Sup. Ct. of Kan., 212 Kan. 65, 510 P.2d 198 (1973). CASE BRIEF

GRIFFITH V. BYERS CONSTR. CO. OF KANSAS, INC.

Sup. Ct. of Kan., 212 Kan. 65, 510 P.2d 198 (1973)

NATURE OF THE CASE: Griffith (P) sued Byers (D), developer, for damages because of soil saline conditions, alleging breach of an implied warranty of fitness and fraud by concealment and the court granted summary judgments in favor of D; P appealed.

FACTS: Ps alleged that D developed and advertised homes as a choice residential area. Each of the buyers of the homesites contracted with a separate building contractor to construct a home on a homesite to be chosen by the owner. The sites were advertised by the developer and considered to be in a restricted residential area developed for choice homes. The contractors obtained warranty deeds from D. When the houses were completed in accordance with specifications titles were transferred and the homeowners then received deeds to the improved homesites. No inquiry was made and no assurance was given by D on soil fertility. The land was part of an abandoned oil field which contained salt water disposal areas which D knew or should have known would not sustain vegetation because of the saline content of the soil. Ps purchased homes from D. Ps alleged that D graded and developed the whole addition for homesites in such a manner that it became impossible for a purchaser to discover the presence of these salt areas. Attempts to landscape the homesites failed. Grass, shrubs and trees were planted and died because of the saline content of the soil. Actions were filed for (1) breach of an implied warranty of fitness and (2) fraud in the concealment of a material matter. D moved for summary judgment and it was granted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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