Whiten v. Orr Construction Co. (1964)
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Co., 109 Ga. App. 267, 270 (136 SE2d 136) (1964).
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Tison v. Eskew (1966)
Co., 109 Ga. App. 267, 269 ( 136 SE2d 136 ).
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Cendant Mobility Financial Corp. v. Asuamah (2009)
Co., 109 Ga. App. 267, 269 ( 136 SE2d 136 ) (1964), as holding that a homeowner has a remedy against the builder/seller upon a showing of an “imminently dangerous condition.” That case, in which a homeowner sued the builder/seller of the home for negligence and nuisance, did not create a new cause of action; rather, it held that a purchaser’s action for damages against the vendor for concealing a defect the builder/seller knew of and which an ordinary prudent examination wou…
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Nationwide Mutual Fire Insurance v. Lam (2001)
Co., 109 Ga. App. 267, 270 ( 136 SE2d 136 ) (1964). 3 Littleton II, supra at 666-667.
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Holmes v. Worthey (1981)
From all this it can be seen that Georgia law in this field has not progressed beyond general common law concepts of the sale of real estate (land), i.e., is “not yet fully developed” (Pindar, Ga. Real Estate Law, § 18-23 (2d Ed.)) and that the question of a homebuyer’s remedy against the builder-seller of a defective house is weighted against the homebuyer unless he can clearly show fraud, or in rarer cases, an imminently dangerous condition (see Whiten v. Orr Const. Co., 1…
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Collier v. Sinkoe (1975)
"While the doctrine of caveat emptor applies to the sale of realty, and there are no implied warranties as to title or the physical condition of the property sold and ordinarily a purchaser buys at his own risk, Walton v. Petty, 107 Ga. App. 753 , 131 SE2d 655 , this strict rule has been modified in a number of instances where fraud has been involved; as to title, where fraudulent representations are made, Rice v. Warren, 91 Ga. 759 (2) ( 17 SE 1032 ); Holliday v. Ashford, 1…
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Reynolds v. Wilson (1970)
Co., 109 Ga. App. 267, 268 ( 136 SE2d 136 ), where a discussion of such cases of modification is made.
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Lively v. Garnick (1981)
See generally Whiten v. Orr Const. Co., 109 Ga. App. 267 ( 136 SE2d 136 ) (1964); Tison v. Eskew, 114 Ga. App. 550 ( 151 SE2d 901 ) (1966); Windsor Forest, Inc. v. Rocker, 115 Ga. App. 317 ( 154 SE2d 627 ) (1967) (laying brickwork in freezing weather with knowledge that it would result in “bad bonding”); Batey v. Stone, 127 Ga. App. 81 ( 192 SE2d 528 ) (1972) (aware of defective waterproofing which was actively concealed); Thibadeau Co. v. McMillan, 132 Ga. App. 842 ( 209 SE…
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Beri, Inc. v. Salishan Properties, Inc. (1978)
Accord, Whiten v. Orr Construction Company, 109 Ga App 267, 136 SE2d 136 (1964).