Vermeylen v. Knight Investment Corp.

This opinion was written after Judge Allen’s well-written opinion affirming the trial court below. We agree with Judge Allen’s opinion as to plaintiffs’ claims on appeal, however, we go one step further and also deal with defendant’s counterclaim. We vacate the judgment against plaintiffs Fiehler on the basis that there is no evidence of a conspiracy to defraud.

Plaintiffs Walter and Evelyn Fiehler had no dealings with defendant Knight Investment Corporation, and apparently spent a great deal of money on improvements and made several mortgage payments during the time when both their…