Wickwire v. McFadden

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, BURKE and MATTHEWS, JJ. MATTHEWS, Justice.

The question in this case is whether summary judgment was properly entered in favor of appellee, Patrick McFadden. The facts before the court when it found in favor of McFadden, construed most favorably to the losing party below, 1 are as follows.

In 1972, McFadden entered into a real estate contract with Pioneer Brokerage and Sales, Inc. (Pioneer) under which McFadden was to purchase and subdivide a tract of land in Juneau. The real estate contract was never recorded but the property was…