Paul Henry and Crystal Henry v. Willard N. Mitchell

Summary

The court affirmed a bench-trial judgment awarding Mitchell damages for constructive fraud based on the Henrys' inaccurate representations about property boundaries, a well, and driveway access. It held that the constructive fraud vitiated the contractual waiver and release, that Mitchell reasonably relied on the Henrys' representations, that the cost-to-repair measure and damages award were supported, and that the evidence satisfied the clear-and-convincing standard. The court declined to abolish constructive fraud because the argument was raised for the first time on appeal and was unsupported.