Henry v. Mitchell (Majority)
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Plaintiff filed a petition against Defendants alleging a single cause of action for fraud. Plaintiff claimed that he purchased a house only after Defendants had misrepresented the location of the property's corners and lot lines, the location of the water well serving the property, and the availability of an easement to access the driveway leading to the house. Defendants filed a counterclaim for breach of contract relating to a waiver and release, alleging that, in the real-estate-sales contract, Plaintiff had agreed to forgo a survey and to hold them harmless for any boundary line or corner discrepancies that may exist and that in a closing document, Plaintiff agreed to release Defendants from any claims relating to the negotiation of the real-estate contract. The circuit court concluded that Defendants committed constructive fraud, awarding damages of $34,094 against Defendants and dismissing Defendants' counterclaim. The Supreme Court affirmed, holding that the circuit court did not err in (1) ruling that the waiver and release were vitiated by the constructive fraud; (2) ruling that Plaintiff's reliance on Defendants' marking of the boundaries was reasonable; (3) calculating damages; and (4) applying the burden of proof.
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