Babcock v. Davis Realty Co.

Webb, Judge.

Davis Realty Company brought suit against Donald Babcock on a promissory note. Babcock answered and counterclaimed, alleging that the note had been executed in connection with the purchase of a house and lot from plaintiff and that the house had certain described defects. Babcock testified, however, on deposition that he moved into the house on July 4, 1969; that the sale was subsequently closed on August 12; that he found the defects the day he moved in; and that he closed the sale on the 12th knowing of the defects. There is no allegation of fraud, which must be stated with…