Whited v. Issenberg

Miller, Judge.

Mark Issenberg sued Roy Lee Whited and James Whited for breach of warranty of title to real property purchased from the Whiteds. The trial court granted Issenberg’s motion for summary judgment after considering all of the evidence, including a title letter which gave notice of a defect in the title, and ordered that Issenberg be reimbursed the purchase price. The Whiteds appeal. As there is no evidence that Issenberg was either actually or constructively evicted, we reverse.

Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is…