Duval v. Kidder

Birdsong, Judge.

This is an action for breach of contract against the seller of a house, Metta Kidder, filed by the purchasers Robert S. Duval and Beverly Duval. The complaint alleged a defect in the septic tanks, which defect the purchasers apparently discovered upon occupancy.

The Duvals’ complaint asserts that the seller (Kidder) assured them that “the property was in reasonably satisfactory condition.” Further, the plaintiffs Duval asserted that they had “inspected [the] property.” The case was disposed of below by the grant of summary judgment to the seller, Kidder, on grounds inter alia…