Letzig v. Rupert

The opinion of the court was delivered by

Owsley, J.:

This is an action for damages caused by the misrepresentation, fraud, and deceit of the defendant. The trial court sustained a motion for summary judgment in favor of the defendant on the grounds that the plaintiffs’ causes of action were premature.

The controversy centers around Form 319A “Option Agreement— Flat Payment,” whereby each of the plaintiffs purchased property located in Wyandotte County, Kansas, from the defendant, Juanita R. Rupert, through her agent, Lloyd R. Wallace. It is conceded that each of the parties plaintiff signed the…