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Lanier Home Ctr. Inc. v. Underwood

Plaintiffs did not acquiesce in the purchase of their home by continuing to live on the property while demanding rescission based on the failure of their septic tank system.

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Greg and Roberta Underwood purchased a home from Lanier Home Center, Inc. The septic tank system subsequently failed because it had been placed in unsuitable soil. The Underwoods sued Lanier and its principal, James Norton, for breach of contract, breach of warranty, negligence, and fraudulent concealment, claiming damages and demanding rescission of the sales contract. The trial court granted partial summary judgment to Lanier on the fraudulent concealment claim and dismissed Norton as a party defendant. The Underwoods then amended their complaint to assert a claim for equitable rescission of the sales contract for non-performance. The case went to trial, and the jury found for the Underwoods. In case number A01A1012, Lanier appeals the judgment entered in connection with this verdict. In case number A01A1013, the Underwoods cross-appeal, claiming the trial court erred in granting Lanier’s motion for partial summary judgment and in dismissing Norton as a party defendant. For reasons which follow, we affirm in part and reverse in part.

A01A1012

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