Donald J.C. Elliott

The plaintiff sought to enforce a verbal agreement for a $115,000 loan and $844.90 for airfare against her former son-in-law, the defendant.

The defendant denied the existence of any loan or agreement to repay the airfare.

The court found no legally enforceable agreement, noting vague, inconsistent, and unreliable evidence from the plaintiff and her daughter, and the defendant's admission of having sworn a false affidavit in prior matrimonial litigation.

The claim was dismissed due to insufficient evidence to establish a contract.

The plaintiffs, Eric and Louise Brown, sought damages from the defendants, Gary and Kim Cassidy, for costs to remediate mold and water damage discovered after purchasing their property.

The claim was based on fraudulent misrepresentation and latent defect.

The court applied the doctrine of caveat emptor, finding that the defendants had disclosed previous water issues and their remediation, and were unaware of any ongoing water leakage or mold contamination.

The defects were deemed latent, but the plaintiffs failed to prove the defendants' knowledge, willful blindness, or recklessness.

The claim regarding the rear deck was dismissed as a patent defect or lacking evidence of unsafety.

Consequently, the plaintiffs' claim was dismissed.