Montgomery v. Vantiger

MARVIN, Judge.

Plaintiffs appeal from a summary judgment rejecting their demands for damages arising from defendant’s alleged breach of a real estate listing contract between them. We reverse.

Defendant’s motion for a summary judgment was filed a year after plaintiffs’ original petition. Defendant’s motion was based on the sole grounds that defendant’s wife— who had not signed with him the listing contract and other instruments — had recently filed a declaration of homestead under R.S. 9:2801-2802.1

The trial court relied on two eases to support the summary judgment.2 Each case denied recovery…