McDaniel v. Elliott

Hunstein, Justice.

Appellant Jerry McDaniel, individually and as a shareholder in J & J Landfill, Inc., brought suit against appellees James Elliott, Jerry Ann Elliott and J & J Landfill alleging, inter alia, fraud and misrepresentation. There was evidence adduced at trial from which the jury could have found that James Elliott and McDaniel formed J & J Landfill, a landfill business which was to be operated on property leased from Elliott’s wife, Jerry Ann Elliott. Jerry Ann became vice-president of J & J, and the parties agreed that J & J would lease the land for $1 per year. McDaniel moved…