Gallaway v. Purcell

The opinion of the court was delivered by 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. Between 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 venture,
and as an added inducement to prospective purchasers of the
residence properties, including the thirteen purchasers here
involved, Purcell stated that all special assessments in such
addition would be paid by him.