Smith v. City of Gardendale

The plaintiffs, Harold L. Smith and Mavis L. Smith, appeal from a summary judgment in favor of all defendants. We affirm.

In 1979 the Smiths purchased a new house in Brentwood Estates, a subdivision located in Gardendale, Alabama. The subdivision was developed by J.H. Berry Realty Company, Inc. (Berry Realty), and the house purchased by the Smiths was built and owned by Berry Realty. The Smiths first looked at the house in February 1979. They inspected the house and lot on several occasions prior to executing an offer to purchase the house on February 11, 1979. The closing was held on April 3,…