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Campbell v. Booth
Texas Court of Civil Appeals
526 S.W.2d 167 (1975)
Waylon and Margaret Campbell (plaintiffs) were shopping for a home to buy. The couple toured Don and Janet Booth’s (defendants) home twice. During the tours, the Campbells noticed cats in the home and knew the Booths owned dogs. The Campbells also noticed several air fresheners, deodorizers, and candles around the home. The Campbells purchased the home and moved in a week later. Upon move in, the Campbells were overcome with a strong, horrid smell of pet urine in the carpet. The Campbells had to replace the carpet to get rid of the smell. The Campbells brought suit against the Booths for fraudulent concealment. The trial court found in favor of the Booths. The Campbells appealed.
Rule of Law
Holding and Reasoning (Williams, C.J.)
Dissent (Akin, J.)
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