Kennedy v. Droughton Trust

Adams, Judge.

Mark Kennedy sued The Droughton Trust and David Droughton, trustee for The Droughton Trust (collectively “the Trust”), to compel them to specifically perform a contract for the sale of land owned by the Trust. The trial court granted the Trust’s motion for summary judgment and Kennedy appeals. For the reasons set forth below, we reverse.

Summary judgment is proper where the movant demonstrates that “there is no genuine issue of material fact and that the undisputed facts, viewed in a light most favorable to the nonmovant, warrant judgment as a matter of law.” (Footnote omitted.)…