Bentley v. Andrewartha

PHILLIPS, Chief Justice.

Appellee sued appellant for $20,017.26 for debt and for breach of a general warranty to convey good title to real estate. Appel-lee filed a motion for summary judgment on his claim for breach of warranty.

The district court severed the cause for debt from the cause for breach of warranty. The court then entered summary judgment for appellee for $7,017.26 for breach of warranty. It is from this summary judgment that appellant has perfected his appeal to this Court.

We reverse the judgment of the trial court and remand the cause for trial.

Appellant is before us on three…