Whatley v. Reese

This Court granted the defendants James H. Whatley, Jr., and Whatley Construction Company, Inc. (collectively "the Whatley defendants"), permission under Rule 5, Ala.R.App.P., to appeal an interlocutory order denying them summary judgments on the claims of the plaintiff William S. Reese ("Reese") for breach of contract, negligence, wantonness, and fraud. The sole issue presented by this appeal is whether the doctrine ofcaveat emptor applies to the claims of Reese, the first purchaser of a new home from the Whatley defendants and the only person ever to live in the home, because he temporarily…