Webster v. Aust

This case involves a summary judgment.

Gilbert M. Aust filed suit against Billy R. Webster in July 1992, alleging fraud (Count I) and demanding the return of $5,000, which Aust paid to Webster as part of a real estate transaction (Count II), plus costs and interest. Webster denied Aust's allegations and counterclaimed for specific performance of the contract.

In October 1992, Aust filed a motion, along with supporting documentation, seeking a summary judgment regarding Count II of his complaint and against Webster's counterclaim, citing the statute of frauds as a defense. In November 1992,…