Schmidt v. Firriolo
Schmidt v. Firriolo
Opinion of the Court
REVERSED. We agree with appellants that the trial court erred in dismissing with prejudice appellants’ action for fraud. Without considering the legal sufficiency of appellants’ allegations, the trial court determined that no action for fraud was available to a seller in a real estate transaction where the parties had entered into a contract for sale. We disagree.
We do not pass on the sufficiency of the appellants’ allegations of fraud because that issue was not raised in the trial court. Our reversal is without prejudice to the rights of the parties to litigate that issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.