Cocke v. Odom

Plaintiff sued defendant alleging misrepresentation and breach of agreement. The case was tried before the trial judge sitting without a jury. After an ore tenus hearing, the trial court entered judgment for defendant. Plaintiff appeals.

The only issue presented is whether the trial court's judgment is supported by the evidence.

The facts of the case are basically undisputed. In December 1975 plaintiff contacted defendant regarding the repair of her residential swimming pool. The pool was twenty-five years old and had not previously been repaired. Defendant inspected the pool for leaks and…