Griffith v. Drew’s LLC
Annotate this CaseBuyers purchased a building from Seller that had formerly been leased as a dental clinic. Buyers planned to transform the building into their personal residence. After the parties closed on the property, Buyers discovered that the interior doors had been removed. Buyers commenced a small claims action against Seller seeking damages or the return of the property. The county court entered judgment in favor of Buyers. The district court affirmed. The Supreme Court affirmed, holding (1) the doctrine of merger was inapplicable in this case because Seller had a duty to disclose that the interior doors would be removed, and Seller’s nondisclosure amounted to a misrepresentation; (2) the doors were fixtures rather than trade fixtures and thus were not removable by the former tenant; and (3) the county court’s award of damages was supported by competent evidence.
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