Cornelius v. Austin

ON APPLICATION FOR REHEARING

The opinion previously issued in this case is withdrawn and the following opinion is substituted therefor.

Martha and Timothy Cornelius appeal from a partial summary judgment in favor of the defendants in their action based upon allegations of fraud and breach of contract. The summary judgment was made final pursuant to Rule 54(b), A.R.Civ.P. The Corneliuses' contract claims are not at issue in this appeal, because the summary judgment disposed only of their tort claims. We affirm.

In September 1985, Douglas and Virginia Austin listed their house for sale with First…