San Joi, Inc. v. Peek

Quillian, Presiding Judge.

Plaintiff appeals from the grant of two motions for summary judgment for defendants. The owner of 1123 Gordon Street, Dr. Whiteman, conveyed it to defendant Peek as trustee. Peek executed a contract to sell the property to plaintiff, including "existing interior equipment not presently encumbered.” Located within the building at 1123 Gordon Street was the personal medical equipment of Dr. Whiteman. Plaintiff was not specifically aware of the presence of such equipment at the time of the signing of the contract of sale on May 14, 1974. An inventory of the building’s…