Dugan v. Jones

MAUGHAN, Justice:

Dugans, the plaintiffs, brought this action to foreclose on a note and mortgage executed by the Joneses. Defendants filed a counterclaim and third-party complaint against the realtors, alleging fraud, negligent misrepresentation, breach of contract, and breach of fiduciary duty. The trial .court, having refused defendants’ request for a jury, found for plaintiffs on their foreclosure action, dismissed .defendants’ counterclaim, and allowed them no recovery on their third-party complaint. This cause is reversed and remanded for a new trial on all issues in accordance with this…