Steadman v. Turner

OPINION

WOOD, Chief Judge.

Turner sold a house and lot to plaintiffs. Merlán was Turner’s agent. On the basis of alleged statements made by Merlán in connection with the sale, plaintiffs sued defendants claiming fraud and breach of warranty. The trial court granted summary judgment to defendants; plaintiffs appeal. There are four issues in connection with the fraud claim: (1) sufficiency of pleading fraud; (2) proof of fraud; (3) factual issues as to fraud; and, (4) buyer’s duty to investigate. There are two issues in connection with the warranty claim: (1) whether a warranty was given and (2)…