Russo v. Mountain High, Inc.

ERWIN, Judge.

Plaintiffs’ sole assignment of error is that the trial court erred in allowing the motion by defendants Warren and John Hancock for summary judgment. We do not agree and accordingly affirm the judgment of the trial court.

In arguing that the trial court committed error, plaintiffs rely heavily on the 2 July 1969 telephone call from Goldring and Fewell to defendant Warren. They assert that in the course of this conversation, Warren misrepresented the acreage when Warren was either aware of the true acreage or “recklessly ignorant” as to the true acreage.

Plaintiffs rely on Parker v.…