Institute for Essential Housing, Inc. v. Keith

NOBLE, Justice.

This action was commenced as one to foreclose materialmen’s liens in connection with the construction of the Keith home,’ but by cross-complaint Institute for Essential Housing, Inc. (hereafter termed I.E.H.) sought foreclosure of a note and mortgage executed by the Keiths and allegedly given to I.E.H. to finance the house. The material liens are not now an issue. I.E.H. has appealed from a summary judgment dismissing its cross-complaint. This appeal, therefore, turns on whether the pleadings, answers to interrogatories and affidavits present a genuine issue of fact requiring…