Lackey v. Ellingsen

Plaintiffs brought this action for damages for misrepresentation of the condition of the roof of a motel purchased from defendants. The action was tried without a jury, the court awarded plaintiffs damages, and defendants appeal.

The defendants contend that there was no evidence to support plaintiffs’ cause of action and that the evidence was conclusive in support of their affirmative defense. This being a law action, if there was any evidence supporting plaintiffs’ cause of action or contradicting defendants’ affirmative defense, there is no error.

Plaintiffs alleged in their complaint that…