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Donnelly v. Taylor

Court of Common Pleas of Ohio
786 N.E.2d 119 (2002)


Facts

In 1999, Mr. and Mrs. Loren Taylor (defendants) sold their house to Mr. and Mrs. Patrick Donnelly (plaintiffs). The purchase agreement included a clause stating that the Donnellys were purchasing the house “as is.” Following inspections, which did not turn up any defects, the Donnellys moved into the house. Shortly after moving in, the Donnellys discovered that the house was infested with bats. The Donnellys also discovered evidence of foil and boards around the house, indicating the Taylors may have known about the bats before the sale. The Taylors filed affidavits claiming they had no knowledge of the of the existence of the bats. During the sale process, the Taylors had also filled out a disclosure form, in which they made no mention of the bats. The Donnellys filed a complaint, alleging breach of contract, loss of enjoyment, and misrepresentation.

Rule of Law

Issue

Holding and Reasoning (Kimbler, J.)

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