Rosson v. Cutshall

Davis, J.:

Defendant Richard D. Cutshall appeals from a judgment granting plaintiff Homer L. Rosson’s summary judgment motion for possession of real estate and damages. This appeal is taken only from that portion of the judgment granting plaintiff monetary damages.

On October 21, 1975, Homer L. Rosson and his wife entered into a written contract for the sale of real estate with Richard D. Cutshall and his former wife, Kellie S. Cutshall (now Brashier). The Cutshalls have since divorced and defendant Richard Cut-shall was awarded the real estate subject to the contract for sale. Mrs. Rosson is…