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TAMMY R. GANZEVOORT, Plaintiff/Appellee,

VS.

RICHARD B. RUSSELL, MARTHA T. RUSSELL and JIM CASSETTY d/b/a JIM CASSETTY REALTY, Defendants/Appellants.

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Appeal No. 01-A-01-9502-CV-00038 Sumner Circuit No. 12365-C

FILED
Oct. 25, 1995
Cecil Crowson, Jr.
Appellate Court Clerk

COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

APPEALED FROM THE CIRCUIT COURT OF SUMNER COUNTY AT GALLATIN, TENNESSEE THE HONORABLE THOMAS GOODALL, JUDGE

MICHAEL W. EDWARDS 177 East Main Street Hendersonville, Tennessee 37075 Attorney for Plaintiff/Appellee JOHN R. BRADLEY ANTHONY D. MILLER 311 East Main Street, Suite 3 Hendersonville, Tennessee 37075 Attorney for Defendants/Appellants

REVERSED AND REMANDED

BEN H. CANTRELL, JUDGE CONCUR: TODD, P.J., M.S. INMAN, S. J.

OPINION
The Circuit Court of Sumner County awarded the purchaser of a home a judgment against the sellers and their real estate agent, for deceptive practices as defined in the Tennessee Consumer Protection Act. Because we find that the evidence preponderates against a finding that the plaintiff suffered any ascertainable harm from a deceptive act, we reverse.

I.

The plaintiff purchased a home in Hendersonville, and discovered immediately that the plywood subfloor, the floor joists, and the hardwood floors under two baths and part of another room had extensive water damage. Two leaking commodes and perhaps a leaking shower as well caused the damage. The plaintiff discovered the problem when she removed some old carpet in the room adjacent to the two bathrooms, in order to expose the hardwood floor underneath.

The plaintiff sued the sellers and their real estate agent for deceptive practices under the Tennessee Consumer Protection Act, Tenn. Code. Ann.

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