SMITH, Chief Justice.
Appellants have appealed from a summary judgment of dismissal of their cause of action directed against respondent, whereby appellants sought recovery of $6,609.01 obtained from appellants by respondent, allegedly by reason of his false and fraudulent representations knowingly made.
Appellants by their amended complaint allege that respondent contracted to build a home for appellants at an agreed sum; respondent to bill intermittently...
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