Massie v. Colvin

Rita H. Massie (plaintiff) purchased a farm from Barry Arthur Colvin and Beverly Colvin (defendants). To purchase the farm, Massie contacted a real estate agent for United Country, Christina Madajik (defendant), who had listed the property for sale. Massie told Madajik that she was only interested in purchasing the farm if she could fence it in for her animals. Madajik told Massie that a neighbor, Leroy Jones, had an access easement to the property, but Madajik also told Massie that she thought they could work something out. Massie viewed the property again with the Colvins and Madajik. The Colvins said that the fencing should be no problem, and Barry agreed to build the fencing and gates for Massie. Madajik told Massie that Jones was a nice guy and should not have a problem with the fencing. Madajik later told Massie that she had consulted another United Country agent, and the agent said that a title company had told him the easement permitted a fence and gate as long as Jones had a key. The Colvins and Massie signed a purchase agreement that also contained an agreement about the fencing and gates, but at no point did Massie ever contact Jones to ask whether he would object to the fencing and gates. At closing, a title-company employee pointed out the easement to Massie. The easement was also in the title commitment and deed. The parties closed, and Barry built the fencing and gate. Jones then sued Massie. Jones’s easement specifically prohibited any obstructions, including gates, and he won a judgment against Massie for $3,500 in damages, and Massie was ordered to remove the gating. Massie filed suit against the Colvins for fraudulent misrepresentation and against United Country for negligent misrepresentation. The trial court granted summary judgment in favor of United Country and the Colvins. Massie appealed.