Kipp v. Myers

MEMORANDUM AND ORDER

MONTI L. BELOT, District Judge.

Before the court is the Myers’ motion for summary judgment. (Doc. 22). The matter has been fully briefed and is ripe for decision. (Docs. 23, 26, 27). The Kipps bring claims for breach of contract, negligent misrepresentation, fraud by silence, fraudulent misrepresentation, and rescission for mistake of fact. For the reasons set forth below, the Myers’ motion is denied.

I. FACTS

The following facts are either stipulated to in the parties’ pretrial order (Doc. 20) or mostly uncontroverted in their briefs. The court will consider any controverted…