Dicker v. Smith

The opinion of the court was delivered by

Foti-i, C.:

This is an action for actual and punitive damages for fraud in the sale of a home in Wichita. The plaintiff, Michael H. Dicker, alleged that the defendants fraudulently represented the house to be free from termites when he bought it. The defendants Benjamin and Yvonne Smith are the owner-sellers, and the defendant Edwin R. Clarke is the real estate broker who handled the sale.

At the conclusion of plaintiff’s case the trial court sustained a motion by the realtor, Clarke, for a directed verdict on the issue of punitive damages as to him.…