Stevens v. Markirk Construction, Inc.

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In 2000, Plaintiff purchased a lot in a subdivision being developed by Markirk Construction, Inc., of which Kirk Jones was president. The next year, Plaintiff completed construction of a home on the lot. In 2009, Plaintiff filed suit against Defendants, alleging fraudulent misrepresentation in connection with the negotiation and sale of the lot. The jury found in favor of Jones. On appeal, Plaintiff argued that the trial court erred in instructing the jury that it had to find Jones knew that the alleged misrepresentations were false when he made them. The Supreme Court affirmed, holding that the trial court properly instructed the jury that Defendant’s alleged representations concerned future events, and therefore, in order for Plaintiff to recover, Jones must have made these representations with knowledge when they were made that the representations were false. View "Stevens v. Markirk Construction, Inc." on Justia Law