Vance v. Connell

DONALDSON, Justice.

This appeal places in issue the propriety of the granting of respondent’s cause of action by summary judgment for the respondent pursuant to I.R.C.P. 56. For the reasons stated in this opinion, that order is reversed and the cause is remanded to the district court for trial on the merits.

William and Donna Connell, the appellants, entered into a written agreement of lease and option to purchase dated April 19, 1970, with Oather C. Vance, R. D. Willis, and Joseph N. Fenn, d/b/a the Western Land & Cattle Co., hereinafter called respondent. The agreement read as follows:

“AGREEME…