Hall v. Warrington

This is an action for fraud in a real estate transaction brought by the purchasers against the seller.1 Defendant appeals from a judgment for plaintiffs on a jury verdict. He contends that the trial court erred in instructing the jury and in receiving in evidence the written report of plaintiffs’ expert witness. The dispositive issue is whether plaintiffs’ complaint stated a claim for misrepresentation as to future conduct.

Defendant purchased the Bridle Lane Apartment complex in 1978. Later that year, one of the apartments had a flooding problem which resulted from inadequate drainage on…