Ellison v. Green

Ralph K. Ellison and Vickey Ellison filed a complaint alleging fraudulent suppression, fraudulent misrepresentation, breach of contract, and negligence against Don Green, individually and d/b/a Omaha Farms (hereinafter "Green"). The Ellisons' claims arose from their purchase at auction of a horse owned by Green. In February 1999, Green made an offer of judgment of $2,500. The Ellisons did not respond to the offer of judgment, and the parties conducted discovery, including two out-of-state depositions.

The case proceeded to trial. The Ellisons dismissed the breach-of-contract and negligence…