Mid-State Homes, Inc. v. Startley

This is a statutory action for fraud brought under § 6-5-101, Code of Alabama (1975). Plaintiffs recovered a verdict and judgment for $7,780. Defendant appeals. We affirm.

Defendant held a mortgage on a house constructed by them in 1973 for the Goodwins. The amount of the mortgage including finance charges was originally $19,944. In January 1975, Tyler purchased the house and assumed the mortgage with permission of defendant. In March 1976, plaintiffs purchased the house from Tyler and agreed with Tyler to assume defendant's mortgage. Plaintiffs began making the payments on the mortgage…