Roberts v. U.S. Home Corp.

OPINION

REEVES, Justice.

This appeal is taken from a take-nothing judgment. The basis of recovery asserted is common law fraud.

James Patrick Roberts purchased a home in a subdivision owned by U.S. Home Corporation (U.S. Home). At the closing on the house on March 6, 1978, Roberts executed a note in the amount of $42,000.00 payable to a savings and loan association, a note for $1.00 payable to Homecraft Corporation, and a promissory note payable to bearer in the amount of $4,950.00. The latter note served as a downpayment for the house. Prior to closing, the salesman for U.S. Home, Dennis…