Brentwater Homes, Inc. v. Weibley

I am unable to agree with Mr. Justice Pomeroy that appellees have met their burden of establishing fraud with evidence that is sufficiently clear, precise, and convincing.

The record does not support the chancellor’s finding that Mr. Keeley assured appellees that he planned to build only single-family homes on the tract in question. Neither Mr. nor Mrs. Weibley testified to this clearly and unequivocally, although both were given opportunities to do so. For example:

[Mr. Weibley, on cross-examination]

“Q. Did Mr. Keeley ever promise you that he was going to build only single family residences ?

“A…