Ogan v. Ellison

This is an action for breach of contract and fraud. In 1976, plaintiffs bought parcel A from defendants. In 1978, plaintiffs bought contiguous parcel B from defendants. Plaintiffs allege that defendants impliedly represented that the two parcels were legally partitioned, when in fact they were not. They allege further that the value of the parcels is less because they are not legally partitioned.

Viewing the record in the light most favorable to plaintiffs, I would hold that there are genuine issues of material fact that should have been submitted to the trier of fact. Whether a contract…