Rouse v. Brooks

Plaintiffs, Richard Rouse and Arlene Rouse, brought suit in the Circuit Court of Jackson County against Thomas Brooks and Mary Ann Brooks alleging breaches of certain warranties made in connection with the sale of a home to plaintiffs. Plaintiffs appeal from the judgment granting defendants’ motion for summary judgment on the ground that the written and oral warranties in controversy merged into the deed.

As part of the written contract, defendants executed a printed form entitled acceptance of purchase offer which contained the following express warranty:

“OWNER represents and warrants to the…