Jenkins v. McCormick

'The opinion of the court was delivered by

Jackson, J.:

In the district court, the appellee filed a suit against the appellant and in her petition alleged that she had purchased a newly constructed house from the defendant who was a contractor; that there was a latent defect in the floor of the basement apartment; that the defendant knew of such defect and fraudulently concealed the same to the damage of the plaintiff. Plaintiff sought damages because of the alleged fraudulent concealment in a total sum of $1,145.61.

We are concerned in this appeal with only the second amended petition in the…