The case before this Court stems from a real estate transaction for a foreclosed car wash in Bellefontaine, Ohio. [A court had appointed Patrick Shivley to be a receiver for the protection of the property, which was offered for sale by Huntington Bank. Clifford] Cronkelton filed a complaint against appellants [Guaranteed Construction Services, LLC, and Shivley] in the Logan County Court of Common Pleas following his purchase
1. What is a receiver? What are a receiver’s duties?
2. In evaluating a claim of fraud, what factors does a court consider in determining whether reliance was justifiable?
3. In this case, what did the jury find with respect to the plaintiff’s claim of reliance? What was the appellate court’s opinion of this finding?
4. Did Shively’s misrepresentations rise to the level of fraud? Explain.