Miller v. Bourgoin

The defendants appeal from the trial court’s decision rendering summary judgment in the *492plaintiffs’ favor on both the complaint and the defendants’ counterclaim. The appeal arises from an alleged breach of a written contract for the construction and sale of a house.

The defendants’ first four claims are subsumed under the claim that the trial court improperly granted the plaintiffs’ motion for summary judgment on the complaint because there were material factual issues to be determined.1 The defendants’ fifth claim is that the trial court improperly granted summary judgment on the counterclaim…