Harkless v. Laubhan

BADALAMENTI, Judge.

David L. Harkless appeals the trial court’s final summary judgment entered in favor of David and Susan Laubhan. ’The crux of this dispute is whether Mr. Hark-less reserved the right to receive rent from a parcel of land that he used to own and that the Laubhans eventually came to own.

We reverse the grant of summary judgment. Mr. Harkless reserved his right to receive rent in a sales contract with an intermediate purchaser. That reservation did not merge into any subsequent deed. Nevertheless, there remains a genuine issue of material fact as to whether the Laubhans were…