Randolph v. Wolff

Plaintiffs-appellants, Randolphs, appeal from a grant of summary judgment by Morgan Circuit Court in favor of defendantsappellees, Wolffs, in an action for damages brought by the Randolphs wherein they alleged a breach of contract by the Wolffs for the purchase of certain real estate.

On appeal, the Randolphs contend that there exists a genuine issue of material fact and, therefore, the trial court erred in sustaining the Wolffs’ motion for summary judgment. We reverse and remand.

However, we have a preliminary matter which to contend before our discussion of the issue in this case which is…