Kirby, Inc. v. Weiler

The plaintiff brought this complaint against the defendants James B. Weiler and Rana W. Weiler to recover a commission for the sale of certain property owned by the Weilers. The Weilers 1 filed an answer which contained three defenses. The first is a general denial; the second sets up the statute of frauds; and in their third they implead the defendant Carey & Richmond, Inc. 2

The defendants and the impleaded defendant each filed a motion for summary judgment under Super. R. Civ. P. 56 on the ground that there was no genuine issue as to any material fact and that defendants were entitled to…