Saranthus v. McIntyre

RUSSELL, Judge.

This case involves a contract for the sale of land.

Following an ore tenus hearing, the trial court rescinded a deed of conveyance and awarded the purchasers damages in the amount of $4,200 based on its finding that the sellers materially misrepresented the location of an easement held by the Alabama Power Company. The utilization of this easement by the power company would necessitate moving the house purchased by the appellees, which encroached upon the power company’s right of way.

The sellers appeal. We affirm.

The dispositive issue is whether the trial court erred in finding…