American Legion v. Foote & Davies, Inc.

Sognier, Judge.

Foote & Davies, Inc., brought suit against the American Legion, alleging claims for fraud, negligent misrepresentation, breach of intended third party beneficiary contract, and promissory estoppel. We authorized the American Legion’s interlocutory appeal from the denial of its motion for summary judgment.

Construed against appellant as movant, the evidence introduced below reveals that Richard Wooten, a part time employee hired by appellant to develop a “family benefits program” under which appellant’s members would receive discounts from participating businesses, met in early…