Gallaway v. Purcell

The opinion of the court was delivered by

Price, J.:

This appeal is from an order overruling a demurrer to a petition in an action to recover for alleged breach of warranty arising out of transactions for the sale of real estate.

The defendant, Frank H. Purcell, platted an addition to the city of Wichita and constructed houses thereon. Retween November, 1950, and May, 1951, he sold thirteen of the houses to thirteen separate purchasers. Each transaction was separate and distinct, the sales were made on different dates and were evidenced by separate deeds of conveyance. In the promotion of this…