Frankie J. King and Beverly J. King, and Cross-Appellants v. Horizon Corporation, and Cross-Appellee

ALDON J. ANDERSON, District Judge.

Appellant, Horizon Corporation [Horizon], is a Delaware corporation with its principal office and place of business in Tucson, Arizona. It has been acquiring, subdividing and reselling undeveloped lots in New Mexico, Texas, and Arizona. Generally, Horizon’s pattern of sales has been to sell vacant unimproved land, sometimes without examination, for investment purposes, and then to induce the buyers to “trade up” their land to other lots after making site visits. This process of selling land to prior customers is sometimes referred to as “reloading.”

Cross-appel…