Bryan Kelley And Dorre Don Llc v. Beverly L. Tonda

¶ 1 Some cases simply must be tried. In today’s legal culture, there seemingly prevails a belief that all lawsuits are somehow, someway subject to resolution by dispositive motion. But that never has been—and never will be—true. Instead, even where, as here, all of the key participants and eyewitnesses are long since dead, a trial is necessary when the material facts are not agreed on.

¶2 In this lawsuit, the key material fact in question is the bilateral intent of the parties to a conveyance of real property. The conveyance took place more than a century ago. Those involved in negotiating the…