Lawton v. Simpson

Plaintiff brought this action for fraud, breach of contract, specific performance, conversion and constructive trust. He alleged that, in 1990, he and defendants entered into an agreement whereby defendants assisted him in obtaining refinancing for real property where plaintiff lived, that in exchange he transferred title to defendants, and that defendants agreed later to return title to plaintiff. Defendants filed a motion for summary judgment on the ground that plaintiff was barred by “issue preclusion” from litigating his claims. The trial court granted defendants’ motion. We reverse.

In…