Jones v. Bohn

POSHEIM, Justice.

This action was brought by the plaintiffs, Eugene and Barbara Jones, on alternative counts of rescission, breach of warranty and negligence. The trial court found for the plaintiffs based on their claim of rescission. The defendants, Charles and Judith Bohn, appeal. We affirm.

This controversy relates to a home in Pierre, South Dakota, which appellees purchased from the appellants. Subsequent to the purchase, the house became uninhabitable due to severe settling problems.

The terrain where the home is located was hilly until developed for building lots during the early 1970s.…