Mount Joseph Cattle Co. v. Makin Farms, Inc.

Defendant appeals a summary judgment dismissing its counterclaims for misrepresentation, rescission, and restitution. Its principal contention on appeal is that genuine issues of material fact preclude entry of summary judgment. It also contends that the trial court erred in denying its motion to add two other counterclaims. We conclude that the trial court erred in entering summary judgment but that it did not abuse its discretion in denying the motion to amend.

On review of a summary judgment, we state the facts in the light most favorable to the nonmoving party. Robinson v. Lamb’s…