Turnbull v. LaRose

702 P.2d 1331 (1985)

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Turnbull v. LaRose

Alaska Supreme Court
702 P.2d 1331 (1985)

Facts

Dennis Turnbull (plaintiff) and Rodger Bigby (plaintiff), doing business as Denro Investments, purchased a building from Robert D. Mueller (defendant) and Mueller Building Investors (defendant) for the purpose of generating rental income. The transaction was facilitated by real estate agent Colette LaRose (defendant) and the agency Turnagain-by-the-Sea, Inc. (defendant), doing business as Marston Real Estate. At the time of purchase, the building was under lease to the State of Alaska. The state had one remaining one-year option, though LaRose told Turnbull that if the state exercised the option, it would most likely enter into a new lease for a much longer term. The state did exercise the option but then sought to assign the lease agreement to another party. Turnbull agreed to the assignment, though LaRose told Turnbull that the assignment would amount to a switch from one state agency to another. The state ultimately assigned the lease to a private entity. The building was vacated. Turnbull was unable to find a new tenant. Turnbull sold the building and brought suit against LaRose and other parties. LaRose claimed that her statements were predictions based upon past experience. The trial court granted summary judgment for the defendants. Turnbull appealed. The Alaska Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Rabinowitz, C.J.)

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