Mayes v. Emery

Defendants Emery appeal from a judgment on a promissory note rendered in favor of plaintiff Mayes for $3,000 plus interest and attorney’s fees of $500. Defendants also appeal from a judgment dismissing their counterclaim against plaintiff Mayes and defendants Sweeney as well as from the dismissal of their complaint against third party defendants Berschauer.

The action arose out of a real estate transaction and is the aftermath of the post-sale discovery of that singularly litigation-provoking insect, the termite.

Mayes listed his home for sale with Sweeney Realty Company, one of whose agents,…