McAllister v. Charter First Mortgage, Inc.

Plaintiffs, husband and wife, brought this action against their closing agent and mortgage broker, Charter First Mortgage, Inc. (Charter), for damages sustained as a result of Charter’s failure to secure a well pump test on property purchased by plaintiffs. Charter charged plaintiffs for the test in the closing statement.

Defendant affirmatively alleged as a defense that plaintiffs previously elected their remedy by suit and obtaining a decree of rescission against their vendors (Johnsons) of the premises involved and that plaintiffs’ action was barred by res judicata.

The trial court struck…