Hinson v. Jefferson
North Carolina Supreme Court
215 S.E.2d 102 (N.C. 1975)
Relevant factsFree
Jefferson and other sellers (defendants) conveyed land to the plaintiff by deed restricted to residential use, but neither side knew that the land's flooding and elevation made it unsuitable for a septic system, which the plaintiff needed since no town sewage system existed; the defect surfaced only after county and federal health inspections. The plaintiff sued on an implied-warranty theory after discovering the land could not support residential use as intended; the trial court ruled for the defendants, and the court of appeals reversed.
IssueFree
Whether a grantor conveying land restricted by deed to residential use impliedly warrants that the land is free of latent defects preventing that use.
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