Cargill v. Sherrod

OPINION

EASLEY, Chief Justice.

The Cargills brought an action against the Sherrods seeking damages for fraudulent misrepresentation in the sale of real property and breach of contract. The Sherrods counterclaimed for rescission based upon mutual mistake. The trial court granted summary judgment dismissing the Cargills’ claim and granting the Sherrods’ counterclaim for rescission. The Cargills appealed. We affirm the dismissal of the complaint, but reverse summary judgment on the counterclaim.

The issues are: (1) whether an advertisement placed in a multiple listing by the Sherrods and allegedly…