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KAYE v. RYLAND GROUP, INC.

No. A97A1138.

492 S.E.2d 729 (1997)

228 Ga. App. 742

KAYE et al. v. RYLAND GROUP, INC.

Court of Appeals of Georgia.

October 7, 1997.

Attorney(s) appearing for the Case

Weinstock & Scavo, Steven M. Winter, Louis R. Cohan, Atlanta, for appellants.

Bovis, Kyle & Burch, William B. Barrickman, Atlanta, for appellee.

McMURRAY, Presiding Judge.

Mark Kaye and Brenda Kaye instituted an action against the Ryland Group, Inc. ("Ryland"), claiming Ryland's agent committed fraud by selling them a house while concealing the fact that a nearby road was scheduled to be moved closer to the house. According to the complaint, the agent led the Kayes to believe the road "might" be moved, but only by a few feet. Ryland moved for summary judgment based on a "merger" or "entire agreement" clause...

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