Mobley v. Copeland

SHRUM, Presiding Judge.

The plaintiff, Gilbert L. Mobley, appeals from a summary judgment denying his claims for damages arising out of his purchase of residential real estate from the defendants Donald D. Copeland and Jan L. Copeland. Count I of the plaintiff’s petition was based on allegations of fraud; Count III on allegations of a breach of an implied warranty of habitability. 1

At issue on appeal is whether, considering the record before the trial court, there exists a genuine issue of material fact concerning the plaintiffs allegations that the defendants made fraudulent representations…