Dewey v. StringerAnnotate this Case
Plaintiff and Defendant entered into a buy-sell agreement for the purchase of Plaintiff’s home. As agreed upon, Defendant moved into Plaintiff’s home and began paying rent. Before the closing date, however, Defendant notified Plaintiff that he had decided not to purchase the property and had vacated the premises. Plaintiff sued Defendant, alleging constructive fraud, deceit, and negligence. The district court dismissed Plaintiff’s tort claims on the ground that they arose strictly out of a breach of contract. The Supreme Court affirmed in part and reversed in part, holding (1) summary judgment was appropriate on Plaintiff’s constructive fraud and deceit claims; but (2) the district court erred in dismissing Plaintiff’s negligence claim on the ground it arose solely out of duties imposed under the agreement. Remanded.