Stack v. Irwin

SANDERS, Justice.

The plaintiff, Leo Stack, instituted this suit to rescind a contract to purchase the residence of the defendants, Mr. and Mrs. T. C. Irwin, on the ground that the residence contained latent defects of a serious nature. Made defendant also was Mrs. Gertrude Gardner, Inc., the real estate agency that negotiated the contract. Among the complaints in the petition were a defective foundation, a break of the foundation slab, cracks in the floor and walls, water seepage into the house, a warping of the bedroom floor, and a defective air-conditioning system. The owners reconvened…