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Property Law Keyed to Singer
Johnson v. Davis
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The Davises (Plaintiffs) entered into a contract with the Johnsons (Defendants) to buy Defendants’ home. Before the final deposit was made, Plaintiffs noticed small damage around a window frame and stains on the ceiling. Defendants told Plaintiff that there had been a minor problem but had been fixed long ago, which were glue stains, and were the result of ceiling beams being moved. Plaintiffs paid the final deposit and Defendants moved out. A heavy rain occurred, and water leaked from around the window frame, the ceiling of the family room, the light fixtures, the glass doors, and the kitchen stove. A new roof would be very expensive. Plaintiffs filed suit, alleging breach of contract, fraud, and misrepresentation, and sought rescission of the contract and return of their deposit. Defendants sought liquidated damages.
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