Klesath v. Barber

This is an appeal from a judgment entered on a motion for summary judgment in favor of plaintiffs, Eva Lee Klesath, Melvin Matter and Raymond Matter, against defendants, J. W. Barber and B. Barber. Plaintiffs filed suit for declaratory judgment and injunction in connection with termination of a farm tenancy of defendants.

The sole issue is whether summary judgment should have been granted and, in particular, whether defendants’ denials in their answer and in their counter-affidavit were sufficient to raise factual issues requiring trial.

Plaintiffs’ complaint alleged ownership of certain…