(Download) "Wiley Pullin and Shirley Pullin v. Nolan" by Court of Appeals of Idaho No. 13766 ~ Book PDF Kindle ePub Free
eBook details
- Title: Wiley Pullin and Shirley Pullin v. Nolan
- Author : Court of Appeals of Idaho No. 13766
- Release Date : January 05, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from a summary judgment in a tort action for damages arising from alleged fraud and misrepresentation of boundary location and acreage in a sale of real property. We vacate the judgment and remand for further proceedings. The following facts were presented to the district court. In 1961, Wiley and Shirley Pullin, buyers of the real property in question, were contacted by an agent for the sellers, Nolan and Ruby Victor. The buyers wanted a house and an acre of land on which to pasture calves or other animals and to have a garden. The sellers' agent showed them the sellers' lot, improved by a house and garage, in the City of Kimberly. The agent also walked with the buyers along the fence line surrounding the lot, indicating that the boundaries of the lot extended to the existing fence. He assured them that the area for sale inside the fence was approximately one acre. Later, Mr. Victor, one of the sellers, also showed the property to the buyers and represented to them that the lot was approximately one acre in size with the boundaries coinciding with the existing fence line. Both the agent and Mr. Victor knew of the buyers' desire to purchase a one-acre lot.