Fretschel v. Burbank

OPINION

PARKER, Judge.

Respondents brought suit against appellants, alleging that two fireplaces in the home that respondents purchased from appellants were defective and dangerous. Following a court trial, judgment was' ordered and entered in favor of respondents for $2,500 together with costs and disbursements.

Appellants contend that the trial court committed legal error in determining that the doctrine of implied warranty applies to sales of used real property and in finding that appellants’ alleged representations about the condition of the two fireplaces were actionable as fraud. We affirm…