Roland v. Hubenka

Opinion

COUGHLIN, J.

Plaintiffs appeal from a judgment in favor of defendants in an action for damages for fraud arising out of the sale of real property. Plaintiffs Roland, husband and wife, were purchasers; defendants Hubenka, husband and wife, were sellers; defendant Smith was a real estate broker whom the court found was an agent of Hubenka; and defendant Boyd was a salesman employed by Smith.

The action was premised upon alleged false representations by defendants respecting the size and boundaries of the property. Initially defendants sought rescission and damages, but at the trial waived…