PRINCETON – A couple is seeking rescission of their purchase of a home from a Princeton company over allegations it was damaged during setup.
Leslie J. Pettry and John Pettry filed a complaint Jan. 2 in Mercer Circuit Court against S & M Used Automobiles and Mobile Home Sales Inc. alleging negligence and other counts.
According to the complaint, the plaintiffs allege that on April 14, 2016, they deposited $30,000 with the defendant for the purchase of a 2016 Clayton Enterprise home, with a balance of $46,272 remaining. They allege the defendant was responsible for delivery and setup of the home, but misrepresented that the home could be properly assembled and would have no damages or repairs. They allege the home was significantly damaged during setup, including stress cracks in drywall, loose siding and improperly installed metal under columns.
The plaintiffs hold S & M Used Automobiles and Mobile Home Sales Inc. responsible because the defendant's negligence allegedly resulted in damage and a diminished value of their home.
The plaintiffs seek an order for the rescission of their purchase, judgment against the defendant for compensatory damages, plus interest, attorney's fees, costs and expenses. They are represented by Anthony M. Salvatore of Hewitt & Salvatore PLLC in Fayetteville. The case has been assigned to Circuit Judge Mark Wills.
Mercer Circuit Court case number 18-C-04