Fussell v. Carl E. Jones Development Co.

Blackburn, Judge.

John W. Fussell brought suit against several defendants, asserting claims for fraud, negligent construction, and breach of warranty arising from his purchase of a newly constructed townhome. The trial court granted summary judgment on all claims as to one defendant and as to all defendants on the claim for breach of warranty, but denied the remaining defendants’ motion for summary judgment on the negligent construction and fraud claims. Appeal was taken from portions of this ruling, and this court affirmed in Fussell v. Jones, 198 Ga. App. 399 (401 SE2d 593) (1991). The case…