The appellants appealed a summary judgment dismissing their action against the respondent vendors for breach of a real estate contract.
The appellants alleged the vendors misrepresented that certain repairs were completed prior to closing and failed to perform the work in a good and workmanlike manner.
The Court of Appeal upheld the motion judge's finding that the plain language of the agreement only required re-grading the soil.
The court also found no error in the motion judge's rejection of the appellant's credibility, noting the appellants failed to lead evidence that the repairs were improperly done.
The appeal was dismissed.
