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Torts Keyed to Dobbs
Ollerman v. O’Rourke Co
Facts
The Appellee purchased a lot from the Appellant and when excavating the property in order to build a house, he discovered an uncovered, uncapped, underground well from which water was released. Modifications in plans and building activity cost the Appellee in excess of $13,000. The Appellee brought an action for misrepresentation claiming the Appellant knew of the well’s existence, but failed to disclose that fact. The Appellant moved to dismiss and the court denied the motion.
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