Capitol Federal Sav. & Loan Ass'n v. Hohman
Citation | 235 Kan. 815,682 P.2d 1309 |
Decision Date | 13 July 1984 |
Docket Number | No. 55420,55420 |
Parties | CAPITOL FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation, Plaintiff, v. Loren H. HOHMAN, Betty Lou Hohman, et al., Defendants. and Donald GABLER and Leah F. Gabler, Cross-Petitioners/Appellees, v. Loren H. HOHMAN and Betty Lou Hohman, Appellants. |
Court | Kansas Supreme Court |
Syllabus by the Court
Punitive damages may be awarded to the victim of a willful breach of trust even though the injury suffered is fully remedied by an equitable decree so that no monetary award of actual damages is made.
Thomas W. Regan, Topeka, argued the cause and was on the brief for the appellants Loren H. Hohman, Sr. and Betty Lou Hohman.
Ralph E. Skoog of Ralph E. Skoog, P.A., Topeka, argued the cause and was on the brief for the appellees Donald Gabler and Leah F. Gabler.
This case comes before the court for review of the decision of the Court of Appeals found at 9 Kan.App.2d 217, 675 P.2d 384 (1984). Loren H. and Betty Lou Hohman (defendants/appellants) appealed the trial court's award of punitive damages in favor of Donald and Leah F. Gabler (cross-petitioners/ appellees) where no actual damages were awarded in a mortgage foreclosure action. The Court of Appeals held punitive damages may be awarded to the victim of a willful breach of trust where the injury suffered is fully remedied by an equitable decree thereby precluding an award of actual damages. We granted review.
The nature of the case and the pertinent facts were summarized by the Court of Appeals as follows:
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