Beltz v. Hazlett Enterprises

RYDER, Chief Judge.

Larry D. Beltz, plaintiff below, appeals from a summary judgment entered in favor of appellee Hazlett Enterprises (Hazlett). In April 1982, Beltz entered into a real estate contract to purchase certain property from Hazlett. Paragraph 12 of the contract provided, inter alia, “Seller agrees to furnish Purchaser a written statement of a licensed and bonded termite company, stating whether there is any infestation on said property.” When Beltz received the report, however, it stated only that there was no “visible” termite damage observed. Beltz refused to close on the…