West v. Touchstone

AKIN, Justice.

This is an appeal from a summary judgment rendered in favor of defendant Gifford Touchstone against plaintiffs Robert H. West, Lorraine West, James S. Johnson, John R. West, III, John H. Donaho, Glen Donaho and Nell Donaho Fisher. The principal question presented by this appeal is whether Touchstone established, as a matter of law, that he was not the agent of appellants. We hold that Touchstone failed to negate his agency as a matter of law. Accordingly, we reverse and remand.

Appellants 1 are the owners of certain real property. In May 1975, they entered into an exclusive…