Morgan Construction Co. v. Kitchings

Pannell, Judge.

A petition by a purchaser of a house against the builder-seller defendants seeking to recover damages for injuries to the house occasioned by an imminently dangerous defect constructed into the house and concealed by the defendants and of which the defendants did not inform the purchaser, based upon the negligence of the defendants and the creation of a nuisance, cannot be maintained under the ruling of this court in Whiten v. Orr Const. Co., 109 Ga. App. 267 (136 SE2d 136). A recovery can only be had based upon fraud. While the petition in the present case alleges that the…