Ball v. Grady

On July 31, 1925, Mr. Ball, one of the plaintiffs, and Mr. Grady, the defendant’s intestate, entered into a written contract for the purchase and sale of certain premises. The title was closed by the delivery of a deed on August 27, 1925.

There is evidence that on July 15, 1925, while the parties were in treaty on the premises, a wet patch was found on the cellar floor. The following conversation then took place: " Mr. Ball says, ' where did the water come from? ’ and Mr. Grady said, ‘ it must have blown in when it was raining, when the man was working there, he must have left the windows…