Clarke v. Cleckley

HOOD, Associate Judge.

Appellee, who had purchased certain improved real estate from appellant, sued for damages for failure of appellant to comply with the following provision of the contract of sale: “Seller agrees to fix leak in roof; cracks in wall and replace wooden toilet seat.”

Appellee testified that he made demands on appellant to comply with the above provision and appellant sent a man to inspect the premises; that after inspection the man told appellee that the condition of the roof and walls were such that they could not be fixed by mere patching and it would be necessary to put on…