Batey v. Stone

Stolz, Judge.

The plaintiffs, purchasers of a new house, obtained a verdict and judgment against the defendant builder-seller of the house in their action for damages for fraud. The defendant appeals from the overruling of his motion for judgment n.o.v. or, in the alternative, for a new trial. Held:

"If there is a concealed defect, known to the seller, in property being sold, the seller is bound to reveal it to the purchaser [cits.]; and although the purchaser signs a contract of sale which provides that it contains the entire agreement between the parties and that no representation, statement,…