Loghry v. Capel

ThoRNTON, J. —

Plaintiffs, purchasers of a duplex from defendants, bring this action for fraud in failing to disclose the duplex was constructed on improperly compacted filled ground.

Plaintiffs are husband and wife, ages 32 and 26. Defendants are husband and wife, the husband’s age is 41. The husbands are the principal actors.

The jury returned a verdict for plaintiff for the amount of repairs and incidental expenses due to the settling and cracking of the duplex claimed to be caused by the defective fill.

Defendant appeals urging* the evidence is insufficient to. prove representation,…