Parlette v. Freeman

Plaintiffs appeal from an order striking their fourth amended complaint, denying leave to' further plead and dismissing plaintiffs’ cause with prejudice.

Plaintiffs’ case began as an action at law for fraud. They alleged in their first complaint that they agreed to purchase certain real property from defendants who represented “(a) that the ants in the house had been taken care of and (b) there were no ants in the house.” Plaintiffs also alleged that the property was “highly infested with damaging ants,” and that, by reason of the misrepresentation, they had made certain payments on a mortgage…