Orcutt v. Shober Investments, Inc.

KITE, Justice.

[T 11 Shober Investments, Inc., d/b/a Sho-ber Builders, filed a contract claim in district court against Charles R. and Mary L. Oreutt alleging a balance due of $18,610 for concrete work performed on the Oreutts' home. The Oreutts answered, counterelaimed, and filed a third-party complaint against Mickey, Mike, and Linda Shober. Shober Builders and the individual Shobers filed a motion for summary judgment when the Orcutts failed to timely respond to requests for admissions and other discovery demands. The district court granted the motion for summary judgment concluding the…