MacFarlane v. Manly

Littlejohn, Justice:

This action was commenced by Jack MacFarlane and Merle Irene C. MacFarlane (buyers) against Pauline N. Manly and J. Bonner Manly (sellers) for fraud in the sale of a house and lot by reason of failure to disclose termite and water damage. Motion was made by the sellers for summary judgment on the grounds that the buyers “. . . had knowledge of the alleged defects at the time of purchase, and further that Defendants (sellers) as a matter of law had no duty to disclose any matters to the Plaintiffs.” The motion was granted. The buyers have appealed. We reverse.

The relevant…