Date: 04-15-2011

Case Style: Constance Barron v. Jess Johnson

Case Number: CJ-2008-24

Judge: Jana Kay Wallace

Court: District Court, Pushmataha County, Oklahoma

Plaintiff's Attorney: Eric Grantham and Eddie Foraker

Defendant's Attorney: Eric Wade Grantham

Description: Constance Barron and Timothy Barron sued Jess Johnson on a breach of contract theory claiming that Johnson breached an agreement with them in which they agreed to purchase certain real and personal property in Pushmataha County, Oklahoma, described as "Indian Mounds Campground and all equipment." Plaintiffs claimed that Defendant failed to convey the property or return the $30,000 deposited by them.

Plaintiffs claimed that in 2007, Johnson ran an advertisement offering Indian Mounds Camp for sale for $150,000.00. Plaintiffs claimed that Defendant represented to them that the business was steadily increasing in both sales and profitability. On or about May 29, 2007, Plaintiffs in reliance on Defendant's representations and believing them to be true, paid $30,000 to Defendant and began the steps necessary to finance the purchase of the camp from Defendant. Later, Plaintiffs learned that Defendant's business was and had long been declining, it had never earned more than approximately $41,000 per year, and it was not worth as much as Defendant represented during the negotiations.

Defendant admitted the execution of the contract and the payment of the security deposit but denied all other allegations made by Plaintiff.

Outcome: Judgment for Plaintiffs rescinding contract between the parties based on material mistake of fact and ordering Defendant to return the security deposit.

Plaintiff's Experts:

Defendant's Experts:

Comments: