Murphy v. Bateman

The plaintiff appeals the trial court’s finding that the defendants had made no misrepresentation to the plaintiff and the court’s consequent refusal to grant rescission of the plaintiff’s written agreement to indemnify the defendants against a third party’s claim for money due on a construction contract. We affirm.

In the fall of 1977, the plaintiff and the defendants became jointventurers in a project to relocate, renovate, and sell a house. They hired Kenick & Tomilson, Inc. (Kenick), the intervenor in this appeal, to do the restoration work and entered into a written contract with Kenick.…