Reichler v. Tillman

PARKER, Judge.

Both motions were purportedly made under Rule 56 relating to summary judgments. The record on appeal, however, contains no affidavits, answers to interrogatories, or anything else other than the pleadings upon which to base decision. Therefore, the motions will be considered as though made under Rule 12 (c) for judgment on the pleadings.

We first consider the trial court’s ruling allowing the motion of the feme defendant. We find this ruling in error. Plaintiffs alleged that they “entered into a binding contract with defendants” for the purchase of the land. Both defendants…