Payne v. HallAnnotate this Case
The Supreme Court affirmed the order of the district court granting summary judgment in favor of Roger Hall and dismissing John Payne's claims for, among other things, fraud, negligence, and negligent/intentional misrepresentation and granting Hall's counterclaim for breach of contract and breach of good faith and fair dealing, holding that the district court did not err.
After the sale of certain property to Payne and Hall, a project engineer encountered an old oil reserve pit that required mitigation. Later, Hall and Payne entered into a sale and purchase agreement whereunder Payne purchased Hall's interests in a partnership. Payne refused to pay Hall one-third of the purchase price on the basis that the agreement was voidable. Payne brought this lawsuit alleging that Hall failed to disclose the existence of the reserve pit prior to the sale of the property. Hall counterclaimed, alleging that Payne failed to make the final payment under the partnership purchase agreement. The district court granted summary judgment for Hall. The Supreme Court affirmed, holding that the district court did not err by concluding that Payne's claims were time barred and by concluding that Payne should not be excused from the partnership purchase agreement.