Nappa v. Simmons Construction Co.

Judgment unanimously reversed, on the law and facts, without costs, and new trial granted. Memorandum: Plaintiff is a builder engaged in constructing new homes. In 1975 he signed two separate purchase offers to buy building lots in the Simmons Hills subdivision in Camillus, New York. One of the contracts was consummated without incident. The second, for 14 lots, was not. This action charging breach of contract and fraud followed. Plaintiff’s purchase offer was accepted by defendant John R. Simmons. In fact, however, the property was owned by one of his corporations, either defendant Simmons…