Land O'Lakes, Inc. v. Bray

LANSING, Chief Judge.

Defendants Gene and Beverly Bray appeal the order of the district court granting plaintiff Land O’Lakes’ (LOL’s) motion for summary judgment. We conclude that the district court erred by resolving factual issues and questions of credibility on summary judgment, and we therefore reverse.

I

FACTUAL AND PROCEDURAL BACKGROUND

Land O’Lakes filed a complaint against the Brays seeking a money judgment in the amount of $107,078.62, for sums allegedly owed by the Brays on a promissory note and an open account. Shortly after service of the complaint, the Brays sent LOL a payment in…