Heiner v. Porter

Defendant Mary Elizabeth Porter (defendant) appeals from a judgment holding her liable for damages that plaintiffs sustained as the result of breaches of a contract by which Dan Porter, defendant’s husband (Dan),1 agreed to build a log home for plaintiffs. Defendant was not a party to the contract. The issue on appeal is whether the trial court correctly held, on plaintiffs’ motion for summary judgment, that defendant is liable because she was Dan’s partner in the business. We conclude that the record before the trial court did not support its grant of summary judgment and therefore reverse…