Jones v. Ray

I disagree with the result that the majority has reached in this case and write to explain why I believe that the chancellor’s decision should be reversed and the case remanded.

Appellee and his wife contracted to purchase from appellant a house located on an acre of land in Randolph County for $34,500. The sale contract closed on May 27, 1993, with title conveyed by warranty deed. On March 25, 1994, appellee filed a complaint for rescission, alleging that at the time of the sale, appellants failed to disclose three material facts about the property that would have caused him not to purchase…