Miller v. Craig

OPINION

NELSON, Judge.

This action was brought by the plaintiffs, George W. Miller and his wife, Johanna Miller (appellants here), to recover $5,000.00 in earnest money deposited in escrow with the defendant, Harry E. Craig (appellee here). The Millers’ claim was based on alternate theories of conversion and breach of fiduciary duty. On appeal they seek reversal of a summary judgment granted in favor of Craig and allege error in the trial court’s failure to grant their own motion for summary judgment. For the reasons stated below we find that the judgment in favor of the defendant, Craig, must…