Fuller v. Callister
Annotate this CasePlaintiffs-Appellants David and Shirley Fuller appealed a grant of summary judgment in favor of Defendants-Respondents David Callister, Confluence Management (CM), LLC and Liberty Partners, Inc. (LP). CM wanted to buy over twelve acres of land from the Fullers. At the same time, the Ada County Highway District (ACHD) attempted to acquire part of that property for a right-of-way in order to expand a portion of a road. After executing its contract with the Fullers, CM executed an addendum to the contract where it agreed to deed over a portion of the property to ACHD, and to transfer the proceeds of that conveyance to the Fullers. CM assigned the contract to LP with the consent of the Fullers. The Fullers executed a warranty deed conveying the property to LP which made no mention of the addendum to ACHD. ACHD paid LP for the property, and the Fullers requested LP turn that money over to them in accordance with the addendum. When LP refused, the Fullers sued. Ultimately CM and LP won at the district court. The court held that the addendum merged with the warranty deed, and therefore gave the Fullers no right to collect the proceeds from the sale of land to ACHD. CM was dismissed from the suit having executed a novation to LP. Upon review, the Supreme Court held that the lower court erred in its decisions in favor of CM and LP. The Court found that the addendum did not merge. Furthermore, the Court found the CM/LP novation was invalid, and that the Fullers could maintain their suit against CM. The Court vacated the district court’s judgment and remanded the case for further proceedings.
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