Wilkinson v Jones [2004] GUSC 13; 2004 Guam 14 (2 August 2004)

IN THE SUPREME COURT OF GUAM

PETER WILKINSON AND ELLEN WILKINSON,
Plaintiffs-Appellants,

v.

LUCHIE JONES AND ANGELITA A. MELTON,
Defendants-Appellees.

OPINION

Filed: August 2, 2004

Cite as: 2004 Guam 14

Supreme Court Case No.: CVA97-019
Superior Court Case No.: CV1821-94

Appeal from the Superior Court of Guam
Submitted on the Briefs on July 1, 2002
Hagåtña, Guam

Appearing for Plaintiffs-Appellants: Lawrence J. Teker, Esq. Teker Torres & Teker, PC Ste. 2A, 130 Aspinall Ave. Hagåtña, Guam 96910

Appearing for Defendants-Appellees: Paul J. Vernier, Esq. Vernier & Maher, LLP 115 Hesler Place, Grd. Fl. Gov. Joseph Flores Bldg. Hagåtña, Guam 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice, FRANCES TYDINGCO-GATEWOOD, Associate Justice, PETER C. SIGUENZA, Justice Pro Tempore.

PER CURIAM:

[1] After closing on the purchase of a new home, Appellants Peter and Ellen Wilkinson (AWilkinsons@) discovered that the seller, Angelita Melton (AMelton@), was the mother of real estate broker Appellee Luchie Jones (AJones@), and that Melton had purchased the home from the original owner for $100,000 less than the price the Wilkinsons paid. The Wilkinsons then filed suit against Jones and Melton, alleging fraud, breach of fiduciary duty, and conspiracy. The trial court granted summary judgment in favor of Jones and Melton. We reverse and remand this case back to the trial court.

I.

[2] The following facts are as alleged in the pleadings and other papers filed in the lower court. The Barrigada Townhouse Partnership (ADevelopers@) gave Jones exclusive authorization to sell sixteen units of the Colina de Barrigada condominium development in December 1991. This exclusive authorization was thereafter extended. By December 1993, several of the units had been sold. The Developers indicated that they were willing to sell the remaining eleven units at $450,000 each if they could sell them all to a single purchaser.

[3]