Witts v. Cortman

PARKER, Judge.

David and Helen Witts (Witts) appeal a final summary judgment entered in favor of Michael Cortman and JMD Cort, Inc., (Cortman) in this contract case. We reverse because Cortman failed to disprove any of the affirmative defenses raised by the Witts, nor did Cortman establish the legal insufficiency of the affirmative defenses.

On July 10, 1991, the Witts and Cortman entered into an “Asset Purchase Agreement and a Promissory Note” for the purchase of the assets of a business known as the Pizza Peddler, which Cortman owned. On October 31, 1991, Cortman filed a two-count complaint…