Settem v. Etter

Petition for certiorari to review an order denying plaintiffs’ motion for summary judgment, pursuant to Rule 56, in an action to rescind a contract on the ground of fraud or, in the alternative, for damages.

The complaint alleges that defendant, while negotiating the sale of a restaurant to plaintiffs, induced plaintiffs to purchase by making certain representations as to his plans regarding the hours and manner of operation of a competing restaurant, knowing the representations to be false, but presenting them as truth in order to induce plaintiffs to rely upon them. For all practical…