Marshall v. Keaveny

MITCHELL, Judge.

The plaintiff first assigns as error the action of the trial court in granting the defendants’ motion for summary judgment. He contends in support of this assignment that his pleadings and the documents filed in support thereof were sufficient to support an action against the defendants for fraudulent misrepresentation of the heated square footage contained in the house which they sold to him. We do not agree.

Our courts have joined the preponderance of American jurisdictions in holding that, in proper cases, a seller’s fraudulent misrepresentation concerning the acreage or…