Perrett v. Dollard

Banke, Chief Judge.

This is an action for fraud and breach of contract arising from the appellees’ sale of an allegedly defective house to the appellants. The trial court granted summary judgment to the appellees based on its determination that there was no evidence of actionable fraud and that a recovery in contract was precluded by an “as is” clause contained in the contract.

It appears without dispute from the record that the appellees had advertised the house prior to its completion at a sale price of $150,000. After some negotiation through a real estate agent, the parties agreed on a sale…