Magness v. McEntire

Donald L. Corbin, Justice.

Appellants filed suit against appellee in Saline Circuit Court for damages to real property allegedly caused by appellee’s negligence. Appellants hired appellee to clear certain Saline County real estate and to make a road thereon. Appellants claimed that appellee negligently cleared approximately 8,000 square feet of adjacent real estate, causing damages of approximately $5,000. Appellee moved for summary judgment on the grounds that appellants were not the real parties in interest to maintain the suit. Appellee also argued that appellants’ Assignment of Cause of…