Weigand v. Furniss

SMITH, Chief Justice.

Appellants have appealed from a summary judgment of dismissal of their cause of action directed against respondent, whereby appellants sought recovery of $6,-609.01 obtained from appellants by respondent, allegedly by reason of his false and fraudulent representations knowingly made.

Appellants by their amended complaint allege that respondent contracted to build a home for appellants at an agreed sum; respondent to bill intermittently, with invoices furnished for work completed, and receive payment therefor. Appellants allege misrepresentations occurred on two separate…