Turner v. Les File Drywall, Inc.

OPINION

FROST, Justice.

The motion for rehearing filed herein is denied. This opinion is hereby substituted for the opinion heretofore entered in this matter.

This appeal comes before us from an award of summary judgment in favor of the plaintiffs-appellees J.T. and Idra M. Turner (the “Turners”) and against the defendants-appellants Les File Drywall, Inc. and Leslie C. File (“Les File”). We reverse the award of summary judgment and remand to the district court for proceedings consistent with this opinion.

FACTS

In this case, the First National Realty Corporation bought the subject property and…