Bunn v. Offutt

T.J. Offutt (defendant) sold an adjacent lot to the Wynns, with the purchase contract stating pool access at Offutt's apartment complex would be "available to purchaser and his family," though the deed itself never mentioned the pool; when the Wynns later sold the property to the Bunns (plaintiffs), the Wynns' real estate agent touted pool access as a selling point even though neither the Bunns' purchase contract nor their deed referenced it, and Offutt later refused to extend pool access to the Bunns. The Bunns sued, claiming an easement to use the pool; Offutt testified he never intended pool access to extend beyond the Wynns to future purchasers, and the trial court agreed the Bunns had no easement.