LESTER FURR; SHARON FURR; HENRY L. MADDEN; PEGGY J. MADDEN; DARLENE DODSON; J.W. DODSON; JOSEPH S. HALE; BRENDA J. HALE; ERNEST J. HENSON, JR.; CHARLOTTE HENSON; LOYD FURR; NORMA FURR; JACK HENSON; JUANITA HENSON; RAY HENSON; MODEEN HENSON; ROBERT M. RUDLOFF; CHARLOTTE RUDLOFF; RON SCHAEFFER; LINDA SCHAEFFER, RAY BRANNON; HENRIETTA BRANNON; JOHN A. LINDLEY; SHERYL LINDLEY; S.L. BOWMAN; ROE ANN WELSH; SYBLE BANDY; JOE L. MUSE; PEGGY A MUSE; AND JERRY STEVENSON, Appellants, v. PAUL W. THOMAS and BILLIE M. THOMAS, Individually and as Trustees for GAIA THOMAS PATTERSON; PAUL W. THOMAS, JR.; TAMMARA L. THOMAS; WILLIAM C. THOMAS and JOHN A. THOMAS, Beneficiaries and as individuals, Appellees, 1991 OK 93

Summary

The developers were a married couple who established a trust to hold real property for their children's benefit. The sales contracts provided that within two years, the developers would construct a two mile all-weather smooth surface road. A gravel road was built. Before the trial, the trust expired and the beneficiaries became the successors in interest. The beneficiaries were neither served nor contacted by the attorney representing the developers. The trial court found that the beneficiaries had neither appeared in the action nor consented to the exercise of jurisdiction over them. The trial court had ruled that the award of punitive damages was not supported as against one developer. The court noted that the developers had discussed the lawsuit with the beneficiaries and ruled that action was not sufficient to defeat the trial court's decision. The court added that one developer's actions made him liable for fraud because he admitted that he did not build the road required by the ...