[DOWNLOAD] "Baldwin v. Priem's Pride Motel" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free

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eBook details

• Title: Baldwin v. Priem's Pride Motel
• Author : Supreme Court of Kansas
• Release Date : January 15, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The opinion of the court was delivered by This is an action brought under the Consumer Protection Act (K.S.A. 1975 Supp. 50-623, et seq.). The alleged defective product was a home sold to plaintiffs which was under construction. The trial court found this type of transaction was not within the purview of the act and entered summary judgment for the defendant. From this judgment plaintiffs appeal. The facts as they relate to the issues before us are not seriously in dispute. On November 13, 1974, plaintiffs (hereinafter referred to as buyers) entered into a contract with defendant (hereinafter referred to as seller) for the purchase of real estate on which a residence was being built by seller. The purchase price was $37,500.00. The contract provided that the buyers had the right to select inside and outside paint colors. The contract further provided that it would be null and void unless the contract terms were completed by January 15, 1975. The entire transaction was expressly contingent upon the buyers securing adequate financing. Prior to the time of the execution of the contract, the seller orally advised the buyers that they would have the right to select paneling and that the home would be built in first-class condition. On January 11, 1975, the parties entered into a second contract which extended the completion date to February 15, 1975, and enumerated six specific items that were to be corrected (these were primarily remedial in nature). The second contract acknowledged that $34,500.00 of the purchase price had been [224 Kan. 433]

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