Cushman v. Kirby,

536 A.2d 550 (1987)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Cushman (P) bought a home from Kirby (D). Before buying they viewed the premises on two occasions. Two months after the sale P sued for misrepresentation in that D, during negotiations, had represented that there was good quality water available on the land suitable for household uses when in fact the water was not good quality. When they bought the home and inquired about the water conditioner in the basement, D (Mrs. Kirby spoke and Mr. Kirby though there remained silent) stated that the water was fine and a little hard; P then assumed that the problem only involved hard water. When P moved into the house, the water smelled from sulfur and when contacted D stated that she forgot to tell P that when the water smells like rotten eggs, the conditioner needs Clorox. P added Clorox, and the water then tasted like sulfur and bleach. P contacted a plumber and then found that they had sulfur water and that sulfur water is not hard water and that there was no complete solution to the problem of sulfur water. A hookup to the city water supply cost $5,000 plus annual water bills. P got the trial verdict for $6,600. D appealed.