Fraser v. Citizens & Southern Bank

Carley, Judge.

In July of 1976, appellant purchased a house from the appellee. Running across the front of the lot was a stream which passed under the driveway through two culverts. Because the culverts were inadequate to handle the stream’s flow during heavy rains, the property was subject to flooding. The contract of sale contained the following express warranty by appellee: “Seller warrants that he has no knowledge of the house on lot 42 flooding due to rising waters in the creek which is on this property.” (Emphasis supplied.) Approximately a year prior to the closing, however, one of…