Narasimhan and Nageswari Jegadeesh appeal from the Fulton County trial court’s grant of Dennis and Betty Ryan’s motion for judgment notwithstanding a mistrial on the Jegadeeshes’ fraud claims arising from their purchase of the Ryans’ house. The Jegadeeshes assert inter alia that the trial court erred when it granted the Ryans’ motions for directed verdict and for judgment notwithstanding the mistrial. We find no error and affirm.In considering the sufficiency of the evidence to warrant the grant of a motion for judgment notwithstanding a mistrial, the same test obtains as that for a directed verdict: if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.Citation and punctuation omitted. Long v. Walls , 226 Ga. 737, 740-741 177 SE2d 373 1970. So viewed, the record shows that the Ryans moved into a custom-built house in October 1994. They received a warranty for foundation waterproofing running ten years from their closing date. By or soon after the time the Ryans moved in, their builder sealed a tunnel between the main house and the pool house. When the Ryans complained in late 1994 and early 1995 about water coming into the basement, the builder also made repairs to the pool deck. The Ryans last saw puddles of water in the basement on July 1, 1995. They complained soon afterwards to the builder that the leakage was serious enough to “prevent them from ever being able to finish off the basement.” Although it is not clear from the record whether the builder made any further repairs, the Ryans regularly resurfaced and caulked the pool deck until they moved out of the house in 2001.
The Ryans were also notified in 1995 that their septic system, the lines of which had been installed under concrete, did not have a permit. They complained to their builder on this subject as well, expressing concern that they would not be able to sell the house without an approved system. A Fulton County inspector testified that a septic tank inspection and permit was a prerequisite to her office’s issuance of a certificate of occupancy. Although the Ryans never located a permit, Fulton County later issued them a certificate of occupancy for the house.
