Fairmont Foods Co. v. Skelly Oil Co.

DIXON, Judge.

Plaintiff Fairmont suffered a directed verdict at the close of the plaintiff’s evidence on both Count I of its petition alleging fraudulent concealment and Count II of its petition alleging breach of nonstatutory warranties in a deed from defendant Skelly conveying real estate.

Plaintiff Fairmont is a company engaged in the business of operating convenience stores under the trade name U-Totem. As a part of an expansion of their store facilities, an agent of the plaintiff contacted two real estate agents who had prepared a list of possible sites for plaintiff’s stores. Among the…