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Contracts Keyed to Dawson
Cushman v. Kirby
Facts
When visiting the house, Plaintiffs discovered an apparatus labeled “water conditioner” in the basement and inquired about the type of water Defendants had. Elizabeth Kirby replied, “It’s good. It’s fine. It’s a little hard, but the system downstairs will take care of it.” Mr. Kirby said nothing. After moving into the home, Plaintiffs discovered that the well water was actually sulfur water and smelled of rotten eggs. Mrs. Kirby told them to add Clorox, which made the water taste like sulfur and chlorine. A plumber then informed that it was not hard water but sulfur water, it would cost at least $1,000 to rehabilitate the system, and the end result would bring the water only to a “tolerable level of drinkability.” The Plaintiffs went with the best long-term solution and joined with neighbors’ hookup to the city water supply, which cost $5,000, plus annual water bills. Plaintiffs sued for misrepresentation and were awarded a jury verdict of $6,600.
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