Clark v. Olson

BILLINGS, Judge.

Plaintiffs Ronald and Kimberly Clark appeal from the trial court’s dismissal of their fraudulent misrepresentation claim against defendants David and Cynthia Olson. The Missouri Court of Appeals, Western District affirmed the dismissal and this Court ordered the cause transferred. Mo. Const, art. V, § 10.

The primary questions are whether defendants waived their objection as to plaintiffs’ failure to plead fraud with particularity by failing to file a motion for a more definite statement and whether the representation that a house is in good condition is a statement of fact…