Overland Park Savings & Loan Ass'n v. Miller

The opinion of the court was delivered by

McFarland, J.:

This is an action by a lending institution against individual guarantors of a corporate nonrecourse real estate development loan. The district court entered summary *731judgments in favor of the defendant guarantors and the lending institution appeals therefrom.

The facts underlying this litigation are lengthy and complex but must be recited herein in considerable detail. To make their reading more meaningful it is helpful to state, at this point, the three primary grounds upon which the district court’s decision rests, as follows:

1. The…