Brenner v. Little Red School House, Ltd.

COPELAND, Justice.

Plaintiff sets forth several arguments in support of his allegation that the Court of Appeals erred in reversing the trial court’s order entering summary judgment in his favor. We have carefully reviewed each of plaintiff’s contentions and find that summary judgment could not properly be granted in favor of either party. For the reasons stated below, we reverse that portion of the Court of Appeals’ decision which remanded the case for entry of summary judgment in favor of defendant.

Plaintiff-appellant first contends that the doctrine of impossibility of performance and…