Cato v. Lowder Realty Co.

The buyers of a used house, after the roof of the house developed leaks and the furnace system was condemned by the local utility company, sued the realty company, its agent, and the sellers, alleging: (1) that they had been fraudulently induced to buy the house because of misrepresentations by the defendants; (2) that they had been defrauded by suppression of material facts that the defendants were under a duty, under the circumstances, to disclose; and (3) that the sellers had breached their contract.

The trial court entered a summary judgment for the sellers on the buyers' breach of…