Roberts v. Malu Construction, Inc.

McMurray, Presiding Judge.

Plaintiff Joyce Roberts brought this action against defendant MALU Construction, Inc. (“MALU”) seeking to rescind her contract to purchase real property from MALU “due to [a] latent defect in the lot, [namely] the existence of a drainage easement that did not appear upon the subdivision plat.” A separate count sought money damages due to the alleged fraud of MALU for its “intentional concealment and misrepresentations. . . .” MALU denied the material allegations but admitted to the following material facts: In May 1990, plaintiff (and her then-husband) agreed to…