Bowman v. Davies

SMITH, Judge.

The Bowmans appeal an order entering summary judgment in favor of Arthur B. Davies, III, as personal representative of the Estate of Daniel Bowman, deceased (estate) in their action to enforce an oral contract and/or impose a constructive trust. We reverse.

The estate sought to dismiss Counts I and II of the Bowmans’ Amendment to Second Amended Complaint on several grounds, among them, that appellants had not alleged possession of the property sufficient to overcome the statute of frauds defense, that the allegations of a confidential relationship were insufficient, and that the…