Whiteley v. O'DELL

The opinion of the court was delivered by

Owsley, J.:

This is an action brought to recover damages for a breach of a real estate purchase contract. Plaintiffs appeal from the trial court’s entry of judgment generally in favor of defendant contractor.

On April 16, 1973, plaintiffs Roy L. and Evelyn L. Whiteley entered into a written contract with defendant Clinton E. O’Dell for the purchase of a house in Wichita, Kansas. Under die terms of the contract, O’Dell, doing business as the O’Dell Construction Company, agreed to- construct and convey to plaintiffs a house similar to another built by…