Pryor v. Aviola

OPINION

CHRISTIE, Judge.

In this action plaintiffs seek to recover damages for an alleged misrepresentation by the defendants in connection with the sale of a parcel of land. Defendants have moved for summary judgment, and this is the decision on that motion.

I

On January 12, 1971, the plaintiffs, James Lee Pryor and his wife, Dorothy Pryor, contracted with the defendants, Louis A. Avióla, Sr., and his wife, Angelina M. Avióla, to purchase from the defendants a parcel of land. The agreement of sale contained the following sentence:

“Both parties may proceed at anytime to have the trees cut down…