Ensminger v. Terminix International Co.

JOHN C. PORFILIO, Circuit Judge.

In this appeal, Terminix International Company contends a jury’s adverse verdict is infested with error which the district court failed to repair when it denied post-trial motions for judgment as a matter of law and new trial. Concluding Terminix has infused the issues with its own interpretation of the elements of a claim of fraud by silence under the structure of Kansas law, we affirm.

In purchasing a home in a Wichita suburb, Cynthia and Danny Ensminger obtained from the sellers assurance the house was free of termites. The Wood Destroying Insect Information…