Executive Development, Inc. v. Smith

MADDOX, Justice.

This appeal involves the question of whether the trial court erred in granting a defendant realtor's1 motion for summary judgment on a purchaser’s promissory fraud claim based on the purchaser’s allegation that the realtor had represented that rezoning of the property could be accomplished while knowing at the time he made the representation that the rezoning could not be accomplished.

I

First, we state the scope of review as set forth in Gulf City Body & Trailer Works, Inc. v. Phoenix Properties Trust, Inc., 531 So.2d 870, 872-73 (Ala.1988):

“The standard of review of a summary…