Douglas County, District Court Judge James T. Gleason
Attorney for Appellant: Scott E. Daniel (Gettman & Mills, LLP)
Attorney for Appellee: Douglas W. Ruge, II
Civil Action: Tort and Contract
Action Taken by Trial Court: In a bench trial, the district court found that the appellee had proven claims of fraudulent misrepresentation and breach of contract. The court entered judgment in favor of the appellee in the amount of $46,160.
Assignments of Error on Appeal: The appellants contend that the trial court erred: (1) in finding that a valid and legally binding contract existed between the appellee and the appellants and that the appellants breached that contract and are jointly and severally liable to the appellee; (2) in finding that the appellee had met his burden of proof on his fraudulent misrepresentation claim; (3) failed to find that the appellee’s claims were barred by the statute of frauds because the appellee’s claims involve the sale of land and there was no valid written contract containing all the essential elements; and (4) in computing the damages awarded.