The appellant builder appealed a trial judgment that allowed the respondent purchasers to refuse to close a real estate transaction and recover their $20,000 deposit.
The trial judge found that changing the location of the attached garage from the side to the front of the house was a fundamental change, and that the builder failed to clearly convey this change to the purchasers.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions.
