Earle, McMillan & Niemeyer, Inc. v. Dekle

Appellees, Thomas A. and Virginia L. Dekle, filed this action against appellants, Earle, McMillan Niemeyer, Inc. and Maxine Pope for fraudulent misrepresentation of a material fact. A judgment for $30,000 was entered upon a verdict in that amount and defendants appeal.

We affirm.

In March 1974, the Grand Hotel Company conveyed Lot 6, Unit 4, of Lakewood Club Estates to Charles Merritt. The conveyance was recorded and was subject to various restrictions, conditions, covenants and easements. One of the restrictions contained in that warranty deed was:

"(e) In the event the Grantee, his heirs or…