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Posted: December 15th, 2022
Civil Litigation
Civil Litigation
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
MARGARET HENDRICKS and
PAUL HENDRICKS,
Plaintiffs
-Versus-
MAY FORESTER, an individual,
HARRY RICE & HARVEY RICE,
a partnership doing business as HEARTH & REAL ESTATE CO,
PARADISE FOUND, INC., a corporation,
Defendants
Answer with Cross-claim
The defendant admits to the claims that have been made in Paragraphs 1,2,3,4, and 5 of the complaint. In providing a response to paragraph 6 of Count 1 of the Complaint, the defendant confesses to making the sales presentation to the Hendricks, but before the presentation, the defendant states that the co-defendant, Harry Rice, who is also her employer, had given her facts and photographs of the property. As stated by the co-defendant, these photographs and facts were about the property that the complaint has listed. Harry Rice continues to state that he had admitted to the defendant that he had visited and seen the property himself and even had taken the photographs himself. During the period of presentation, Forester reiterated what Harry Rice, her employer of 3 years had said, and the defendant says that she had no reason to doubt that the co-defendant was saying the truth.
In response of paragraph 7 of Count 1 of the Complaint, Forrester confesses that she discovered the facts and information regarding the property on sale to be untrue after only after the plaintiffs issued the complaint and not prior to the presentation. Therefore, the defendant refutes having any information regarding the property before the presentation, other than the facts that had been given to her by the co-defendant. The defendant says that she only focused on reiterating the information given and would thus have not made those statements to the plaintiffs during the presentation if she was aware they were untrue.
WHEREOF, the defendant prays for judgment as follows:
On the first cause of action:
1. To dismiss the damages claim against the defendant and claim them from the co-defendant
On the second cause of action:
1. To dismiss the damages claim against the defendant and claim them from the co-defendant
On the third cause of action:
1. To dismiss the damages claim against the defendant and claim them from the co-defendant
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