Collins v. Burns

OPINION

William and Stella Burns sued on a promissory note executed by appellant Dwayne" Holman in connection with the sale of a business to appellants Kathy Collins and Marjorie Chattaway. Appellants interposed the defense of fraud and counterclaimed for damages alleging that respondents had misrepresented the profitability of the store. The district court concluded appellants had not proven fraud because they were not justified in relying on the representations and because no damages resulted from the misstatements.

Dwayne Holman and Kathy Collins wanted to buy a business to provide an income…