Wycoff v. Quick Way Homes, Inc.

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover damages for the breach of a written contract entered into between the plaintiffs and the defendant on August 14, 1964, whereby the defendant agreed to sell water to the plaintiffs. The district court sustained the defendant’s motion for summary judgment and the plaintiffs have appealed.

For convenience, the parties will be referred to as they appeared in the court below.

The plaintiffs are the owners of real properties lying immediately north of Sunflower Village, a subdivision in Johnson County. The defendant,…