Rhodes v. PERIMETER PROPERTIES, INC.

Birdsong, Chief Judge.

Rhodes, the defendant below, having been sued for breach of a real estate sales contract, brought in his realtors Perimeter Properties, Inc. and Realty Marketing Group, Inc. as third party defendants. He did not own the property when he contracted to sell it to the plaintiff, but was relying on the contingency that he could purchase it from another. He alleged the realtors are responsible for his liability, if any, to the plaintiff because they fraudulently failed to include in the sales contract, which they prepared, a clause excusing Rhodes from any obligation as…