Manuel Zaragoza and Eloisa Zaragoza v. Gunnar Jessen and Elizabeth Jessen
Elizabeth and Gunnar Jessen (Appellees) sued Eloisa and Manuel Zaragoza (Appellants) for breach of contract and fraud in a real estate transaction. The Jessens claimed an oral agreement to purchase a home at 704 Dorsey in El Paso, Texas, from the Zaragozas. The Jessens made a significant down payment, took possession, made improvements, and paid off a mortgage, but the Zaragozas failed to deed the property and pay off a second mortgage as agreed. The trial court found in favor of the Jessens, awarding actual damages, punitive damages, and attorney's fees. The Zaragozas appealed, challenging the Jessens' standing, the application of the statute of frauds, and the fraud finding. The appellate court affirmed the trial court's judgment, finding ample evidence to support the Jessens' claims under the doctrine of partial performance and for fraud in a real estate transaction.