Millard v. Smedes

Defendant appeals the judgment on a jury verdict awarding plaintiffs $8,000 plus $2,500 in attorney fees in an action for misrepresentation in the sale of defendant’s ranch.

On December 31, 1975 the parties entered into an earnest money agreement involving the sale to plaintiffs of defendant’s ranch in Jackson County. The ranch had an irrigation system which was partially underground. The system could not be tested in the winter and was not in use during the negotiations for the sale of the ranch. After plaintiffs moved onto the property and attempted to use the system in the spring, they…