Anderson v. Selby

MARING, Justice.

[¶ 1] Arthur and Ann Anderson appealed from a summary judgment dismissing their action against Thomas Selby to reform a warranty deed to include a reservation of a flowage easement. Selby cross-appealed from the trial court’s refusal to award him attorney fees for breach of warranty in defending the Andersons’ action. We conclude the trial court erred in granting summary judgment on the Andersons’ reformation claim, and we reverse and remand for further proceedings.

I

[¶ 2] On September 8, 2003, the Andersons and Selby executed an agreement for the Andersons to sell Selby a…