Comstock Homes v. Smith Family Trust, 24312 (12-10-2008)

DECISION AND JOURNAL ENTRY

{¶ 1} Appellants, Robert G. Smith and the Smith Family Trust, appeal from the decision of the Summit County Court of Common Pleas. This Court dismisses the appeal.

I

{¶ 2} Robert G. Smith was the trustee of the Smith Family Trust (collectively referred to as "the Trust"). The Trust owned property known as the Woodland Estates Subdivision. On March 6, 2006, the Trust entered into an agreement with Comstock Homes, Inc ("Comstock") for the sale of seven of the 19 sublots.

{¶ 3} Pursuant to the agreement, Comstock paid the Trust $25,000 as earnest money. Among the…