Lanier Home Center, Inc. v. Underwood

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• directed verdict properly denied on rescission claim where buyers used the property while continuing to demand that seller “reverse the transaction”
• directed verdict properly denied on rescission claim where buyers used the property while continuing to demand that seller “reverse the transaction”
• “An action for fraud in the sale of real estate can be based on wilful misrepresentation, active concealment, or passive concealment[.]”
• to survive a summary judgment motion on a fraud count, some evidence must support each of the five elements of fraud — including justifiable reliance
• equitable rescission claim properly submitted to jury where there was evidence that failure of the septic tank system, which was placed in unsuitable soil by builder/seller’s subcontractor, made home uninhabitable
• remedy of rescission may be appropriate when object of contract defeated

Source: CourtListener parenthetical corpus (CC0).