Brunzell v. Woodbury

OPINION

By the Court,

Bat jer, J.:

This is an appeal from a summary judgment granted in favor of the respondents for a deficiency- on a promissory note in the amount of $34,557.26, together with interest at the rate of 7 percent per annum, and attorney’s fees in the amount of $5,000. The appellant seeks to have the judgment of the lower court reversed on the ground that there remain genuine issues of material fact to be presented to a trier of fact and that the respondents are not entitled to judgment as a matter of law.

On March 23, 1966, appellant and respondents entered into an agreement…