Vivid Investments, Inc. v. Best Western Inn--Forsyth, Ltd., Edward P. Douglas, Cpa, John S. Scatena, Defendants-Third Party Vijay Patel, Third Party

In this Georgia diversity action arising out of alleged fraud and breach of contract in connection with the sale of a motel, we reverse summary judgment for the defendants because there are genuine issues of material fact. See Fed.R.Civ.P. § 56(c). We hold that the plaintiff was not required to elect between a contract and tort claim at this stage of the proceedings, that the merger clause in the contract did not foreclose plaintiff’s claim for fraud and deceit, and that there are factual issues that must be resolved on plaintiff’s breach of contract claim.

The evidence must be viewed in the…