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No. 123144
| Elaine A. Haas and Charles J. Bannon, |
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Laurie S. Longo
(734) 913-5619 |
| Plaintiffs-Appellees, |
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vs (Appeal from Ct of Appeals) |
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| Wade H. Deal, Sarah J. Deal, Tracey L. |
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Gail P. Massad
(734) 261-2400 |
| Deal and J.A. Delaney & Co., |
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Defendants-Appellants. |
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| _____________________________________ |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Background
Plaintiffs purchased a home on a 2.66-acre wooded lot. An adjacent parcel was owned by a nearby cemetery, which planned to expand into it. Plaintiffs sued the sellers of the property and the realtors who handled the transaction, claiming that they were misled into buying the property by defendants' false and misleading statements about the ownership of the adjacent parcel. Defendants claim that plaintiffs' failure to investigate the public record about such matters was fatal to their fraud and innocent representation theories of relief against defendant-sellers. The Wayne County Circuit Court ruled for the defendants, but the Court of Appeals partially reversed that decision, concluding that the case could proceed on some of the plaintiffs' theories. Both sides appeal.
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