Lodge v. Popham

Quillian, Presiding Judge.

Summary judgment. Appellant purchasers contracted with appellee builder to build and sell them a house on a lot. The house was completed, conveyance made and appellants entered into possession in August 1974. In November 1976 appellants became aware that the septic tank system constructed with the. house by a subcontractor of the builder was defective when the system backed up through a basement bathroom toilet. Appellants commenced this action for damages in June 1979 on several grounds, one of which was fraud on the part of appellee for purposely concealing the…