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DAVID M. COX, INC. v. PITTS

No. 2008-CA-00499-COA.

29 So.3d 795 (2009)

DAVID M. COX, INC., Appellant, v. Rembert W. PITTS, Phyllis Pitts, Individually and as Guardians of Jason Pitts, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied December 1, 2009.

Certiorari Denied March 11, 2010.

Attorney(s) appearing for the Case

Jack W. Land, Kristopher Alan Powell, attorneys for appellant.

Norman William Pauli, Hattiesburg, attorney for appellees.

Before LEE, P.J., ISHEE and ROBERTS, JJ.

ROBERTS, J., for the Court.

¶ 1. This suit involves the sale of Lot 17 in The Trace Subdivision (The Trace) in Hattiesburg, Mississippi, whereupon a new home sat that was purchased in 1999 by the Defendants, Rembert and Phyllis Pitts (the Pittses), individually and as guardians for their son, Jason Pitts. The home was built by Barron Hendry. Although he was an experienced builder, Hendry was mistaken about the boundary line between Lot 17 and Lot 16. As a result...

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