JUHAN v. COZART

No. 9010SC435.

403 S.E.2d 589 (1991)

Melissa S. JUHAN, (formerly Melissa Needham) v. Wiley H. COZART and Ruth G. Cozart, C.W. Russum, Individually, and C.W. Russum and Associates.

Court of Appeals of North Carolina.

May 7, 1991.


Attorney(s) appearing for the Case

Monroe, Wyne, Atkins & Lennon, P.A. by George W. Lennon, Raleigh, for plaintiff-appellant.

Maupin Taylor Ellis & Adams, P.A. by John C. Cooke and William J. Brian, Jr., Raleigh, for defendants-appellees.


PHILLIPS, Judge.

Since the materials before the trial court establish without contradiction that defendants Cozart did not know that a sewer line was under the house they sold to plaintiff and her husband and that they made no oral representations to them about it, plaintiff's fraud claim was properly dismissed and we affirm that part of the judgment.

But plaintiff's claim for breach of warranty against encumbrances stands on a different and stronger footing...

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