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Torts Keyed to Epstein
Sorenson v. Gardner
Facts
The Defendants sold the Plaintiffs a house. They told the Defendants that the house was constructed in a workmanlike manner and met all code requirements and that the pump could deliver 950 gallons of water per hour. * The Plaintiffs sued the Defendants and were awarded, by the jury, a judgment of $2,000. * The court instructed the jury to find that damages were the difference between the value of the house as represented to the Plaintiffs by the Defendants and the actual value of the house. In determining the value of the house as represented, the jury was instructed to use, only statements made by the Defendants. * The Defendants appealed, alleging that the jury received the wrong instructions on how to award damages and that they were not liable for the misrepresentations as they were legal conclusions or statements of opinion, and that they were third parties to the transaction and made no representations to the Plaintiffs.
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