Coyne v. Butler

NYE, Justice.

This is a summary judgment case. The trial court granted the plaintiff C. W. Butler and his wife’s motion for summary judgment. Defendant Harry J. Coyne has perfected his appeal.

The plaintiffs, hereafter called Butler, sold a citrus orchard consisting of two tracts of land, to the defendant Coyne (appellant herein) in October of 1961, reciting as consideration therein certain cash down payment, the assumption of an existing note and mortgage on the property, and the exe cution of a second lien note in favor of Butler. Butler excepted and reserved one-half of the minerals under…