HAYS v. OLZINGER

1940997.

669 So.2d 107 (1995)

William M. HAYS and Susan Hays v. John OLZINGER and Rose Olzinger.

Supreme Court of Alabama.

September 1, 1995.


Attorney(s) appearing for the Case

Roy O. McCord of McCord & Martin, Gadsden, for Appellants.

Howard B. Warren of Turnbach & Warren, P.C., Gadsden, for Appellees.


INGRAM, Justice.

William M. Hays and Susan Hays sued John Olzinger and Rose Olzinger, after purchasing a house from the Olzingers that contained a pungent odor. In their complaint the Hayses alleged a claim of fraud against the Olzingers pertaining to the odor. The trial court entered a summary judgment for the Olzingers. The Hayses appeal.

On a motion for summary judgment, the burden is initially on the movant to make a prima facie showing that there is no...

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