Stark v. Borner

Defendants Maynard and Opal Borner (Borners) appeal from the order of the District Court of the Tenth Judicial District, Fergus County. The District Court, after considering the case on remand from this Court, determined that its original findings were correct and granted summary judgment in favor of plaintiffs John and Nadine Stark (Starks). We affirm, but remand to the District Court for an evidentiary hearing on attorney’s fees.

The Borners frame three issues on appeal:

1. Whether this Court’s directions on remand were followed by the District Court.

2. Whether the Starks’ acquisition of good…