Kennedy v. Miller

By JUDGE WILLARD I. WALKER

This case comes before the court on plaintiff’s demurrer to defendants’ cross-bill for slander of title. Plaintiff had filed a bill of complaint stating the following allegations pertinent to this opinion. Plaintiff and defendants had entered into a written real estate contract dated December 5, 1978, by which defendants had agreed to sell to the plaintiff a certain piece of real estate. Defendants had represented that the property was encumbered by a loan which could be assumed under its existing terms and provisions. This was a material misrepresentation of fact,…