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Sue Seller is a recent college graduate living in a neighborhood south of Los Angeles.She was studying too hard at the library one night and

Sue Seller is a recent college graduate living in a neighborhood south of Los Angeles.She was studying too hard at the library one night and was engaged in the dangerous practice of walking while reading BLAW.She ran into a wall and broke her nose.She never regained her sense of smell and, to this day, cannot smell a thing. She entered a contract to sell her home to Blake Buyer, whose only visit to the home was at a Sunday open house.Blake hired inspectors to conduct inspections of the home during the due diligence period. The house was relatively new and in great condition. The inspection reports indicated only a minor roof leak, and Sue agreed to repair the leak before the close of escrow. All other elements of the transaction went smoothly and Blake purchased the property and moved in. He was alarmed one morning when he was awoken to the stinky smell of fertilizer.Sue did not tell him that the neighbors three doors down ran a non-profit landscaping company, and they received 1,000 pound deliveries of steer manure each Monday morning.The smell would linger until all the manure was removed on Thursday afternoon. (Assume NO ZONING violations.) What arguments may Blake reasonably raise in support of his lawsuit, what counterclaims and defenses may Sue reasonably assert, and what is the likely outcome? Discuss.

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