JOHNSON V. DAVIS
480 So.2d 625 (1985)
NATURE OF THE CASE: This was an appeal of an order rescinding a land sale contract.
Johnson (D) appealed judgment ordering the return of Davis' (P) total deposit and awarding P
costs and fees in a real estate contract action alleging fraud and misrepresentation by D.
FACTS: Davis (P) bought a house from Johnson (D) for $310,000. P was to make a total
deposit of $31,000 in $5,000 and then $26,000 five days later. Before P made the $26,000
deposit payment, P noticed buckling and peeling plaster around the corner of a window frame
in the family room and stains on the ceilings in the family room and kitchen of the home. D
told P that the window had had a minor problem that had long since been corrected and that
the stains were wallpaper glue and the result of ceiling beams being moved. Two roofers
hired by D's broker concluded that for under $1,000 they could 'fix' certain leaks in the
roof and by doing so make the roof 'watertight.' Three roofers hired by P found that the
roof was inherently defective, that any repairs would be temporary because the roof was
'slipping,' and that only a new $15,000 roof could be 'watertight.' D knew that the roof
leaked, but falsely represented to P that it did not. P wanted rescission of the sale and
the return of his deposit. D counterclaimed for liquidated damages. The court rescinded the
sale and awarded P $26,000. D was awarded $5,000. Both appealed. The appellate court
reversed the trial award to D. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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