FOX v. FERGUSON

No. 54642.

765 S.W.2d 689 (1989)

John N. FOX and Georganne Fox, Plaintiffs/Respondents, v. Eugene W. FERGUSON and Patricia J. Ferguson, Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

February 14, 1989.


Attorney(s) appearing for the Case

Steinberg, Crotzer & Garland, Charles L. Ford, St. Louis, for defendants/appellants.

Coburn, Croft & Putzel, John R. Boyce, Mark A. Stites, Phillip Morse, St. Louis, for plaintiffs/respondents.


KAROHL, Judge.

On December 1, 1983, the Fergusons sold their residence, located in Poplar Bluff, Missouri, to John and Georganne Fox. Sometime in April or May, 1984, the shake shingle roof began to leak badly throughout the house. The Foxes sued the Fergusons on the theory defendants fraudulently misrepresented the sound condition of the roof. The primary defense offered by the Fergusons was that the Foxes did not rely on any representations regarding the roof because...

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