Kirby v. Frith

STEWART, Judge.

In this action Joseph B. Kirby and Jeanette M. Kirby, his wife, sought to recover damages of $4,000 from Clarence E. Frith and Thelma Frith, his wife, for alleged false representations made as to the condition of a house sold by the Friths to the Kirbys. At the conclusion of all the evi*801dence the lower court peremptorily instructed the jury to return a verdict for the Friths. The Kirbys appeal from the judgment entered.

The pertinent facts out of which this litigation grew are these: The Kirbys were in the market for a home, and, after looking around, they became attracted to a…