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SCHWARTZ v. ROCKEY

932 A.2d 885 (2007)

Richard H. SCHWARTZ and Melanie A. Schwartz, Husband and Wife, Appellees v. William R. ROCKEY and Connie M. Rockey, Husband and Wife, Appellants v. Holly Corace and Howard Hanna Company, Appellees. Richard H. Schwartz and Melanie A. Schwartz, Husband and Wife, Appellees v. William R. Rockey and Connie M. Rockey, Husband and Wife, Appellees v. Holly Corace and Howard Hanna Company, Appellants.

Supreme Court of Pennsylvania.

Decided October 17, 2007.

Attorney(s) appearing for the Case

Eric George Soller, Pietragallo, Bosick & Gordon, L.L.P., Pittsburgh, for Holly Corace and Howard Hanna Co., appellants.

Thomas C. Gricks, III, Paul H. Titus, Schanader Harrison Segal & Lewis, L.L.P., Pittsburgh; Eckert Seamans Cherin & Mellott, L.L.C., for William R. Rockery and Connie M. Rockey, appellees.

Fred J. Sentner, Cannonsburg, for Richard H. Schwartz and Melanie A. Schwartz, appellees.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER AND BALDWIN, JJ.

OPINION

Justice SAYLOR.

This appeal involves a civil action initiated by home purchasers against the sellers for fraudulent non-disclosure and/or concealment of water infiltration. The questions presented concern whether the purchasers/plaintiffs made an election of remedies that foreclosed rescission, and whether a finding of outrageous or egregious conduct is required to support an award of treble damages...

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