Wagner v. Cutler

Defendant, Church of Jesus Christ of the Latter-Day Saints (LDS) appeals the January 20, 1987, bench decision of the Eighteenth Judicial District Court, Gallatin County. The court ordered that LDS pay $15,203.19 to plaintiff Wagner in compensation for defects in a house vihich LDS sold to Wagner. We affirm.

LDS raises four issues for our review:

1. Did the District Court properly consider the “as is” language and the “independent investigation” clause contained in the Earnest Money Receipt and the Special Warranty Deed?

2. Did the District Court properly grant amendments to the pleadings seven…