Hemingway v. Gruener

BISTLINE, Justice.

Mrs. Hemingway appeals from a district court order granting defendants Lawn and Gruener’s motions for summary judgment. 1

In the summer of 1976, Mrs. Hemingway discussed with her neighbor, Gruener, the sale of a 2.2 acre parcel of property. On August 3, 1976, Hemingway by check paid Gruener $7,500 for the property and paid Gruener’s real estate agent a $750 commission. Both Gruener and her real estate agent cashed the checks tendered. Thereafter, Hemingway contacted Mrs. Gruener’s attorney, George Kneeland, and requested that he prepare the deed to include additional land…