CATO v. LOWDER REALTY CO.

1920470.

630 So.2d 378 (1993)

Charles F. CATO and Patricia Cato v. LOWDER REALTY COMPANY, et al.

Supreme Court of Alabama.

Rehearing Denied December 10, 1993.


Attorney(s) appearing for the Case

G. William Gill of McPhillips, Shinbaum & Gill, Montgomery, for appellants.

Dennis R. Bailey and Amy C. Vibbart of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Lowder Realty Co., Inc. and Gerald Phillips.

Robert C. Black of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for Thomas Zenner and Vivian Zenner.


MADDOX, Justice.

The buyers of a used house, after the roof of the house developed leaks and the furnace system was condemned by the local utility company, sued the realty company, its agent, and the sellers, alleging: (1) that they had been fraudulently induced to buy the house because of misrepresentations by the defendants; (2) that they had been defrauded by suppression of material facts that the defendants were under a duty, under the circumstances, to disclose...

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