Marcuson v. Clifton

GREENE, Judge.

Benjamin F. Clifton, Jr. (Defendant) appeals from an order filed 24 October 2001 granting summary judgment for Randall and Linda Marcuson (Plaintiffs). 1

On 11 July 2000, Plaintiffs filed a complaint alleging breach of contract and breach of fiduciary duty seeking to recover $12,000.00 which they alleged had been held in an escrow account by Defendant. Both parties moved for summary judgment.

The evidence presented at the summary judgment hearing on 23 October 2001 tended to show Plaintiffs entered into a contract to sell their house (the property) to the Gallaghers. Defendant was…