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Lovett v. Lovett

A genuine issue of material fact remains on each element of Louis Lovett's counter-defense of partial performance. Waco Court of Appeals, No. 10-06-00410-CV.

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OPINION ON REHEARING

Louis Lovett filed suit against Peter Lovett for fraudulent inducement, alleging that Peter and he had an oral agreement under which Louis would pay two-thirds of the monthly mortgage payments for a 26-acre tract, Peter would pay one-third, and title to the property would be divided so that Louis held title to one-half of the acreage along with a house located on the property and Peter would hold title to the other half of the acreage. The trial court granted Peter’s summary-judgment motion premised on the statute of frauds. Louis contends in three issues that: (1) the trial court applied an incorrect standard; (2) a genuine issue of material fact remains “due to conflicting affidavits of the Parties”; and (3) a genuine issue of material fact remains on each element of the counter-defense of partial performance, which Peter relies on as an exception to the statute of frauds. We will reverse and remand.

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