The plaintiff brought a motion for summary judgment for damages arising from the defendant's failure to close a real estate transaction.
The defendant argued the agreement was void due to misrepresentations about conservation authority restrictions and that she was not personally liable because she signed 'in trust' for a corporation.
The court found that the issue of misrepresentation required a trial due to the risk of inconsistent findings with related third-party claims.
However, the court granted partial summary judgment on two discrete issues, finding that the defendant would be personally liable if the agreement is enforceable, and quantifying the plaintiff's damages at $381,984.02.
