Blaxton v. Clemens

Pope, Judge.

This action arises out of the sale of a house. Plaintiff/appellee James A. Clemens sold the house to defendants/appellants the Blaxtons. At closing, the Blaxtons gave Clemens a promissory note for $4,000 for a portion of the purchase price. When the Blaxtons defaulted on the note, Clemens brought an action to collect the amount due. The Blaxtons counterclaimed for damages, alleging Clemens had fraudulently concealed certain latent and patent defects from them at the time of the sale. The trial court granted a directed verdict in favor of Clemens on the note and the jury returned a…