Lader v. LOWDER REALTY B. HOMES & GARDENS

The plaintiffs, Royce Lader and Sherry Lader, appeal from a summary judgment granted in favor of the defendants, The Colonial Companies, Lowder Realty Better Homes and Gardens, Inc. ("Lowder Realty"), John Kilgore, and Grant Sullivan, in this action seeking damages for breach of contract and for fraud. We affirm.

The only evidence before the trial court at the time it ruled on the motion was the deposition of Royce Lader. It shows the following:

On August 28, 1983, the plaintiffs "listed" their home for sale with John Kilgore, an agent for Lowder Realty. The plaintiffs told Kilgore that if…