Nimmick v. Hart

dehvered the Opinion of the Court.

In this consolidated action Dale P. Hart appeals from the Fourth Judicial District Court orders granting summary judgment in favor of Charles R. Taylor in cause No. 66726, and Fred G. Nimmick and Ann M. Nimmick in cause No. 66726 and cause No. 71128. We affirm in part and reverse and remand in part.

The parties raise several issues which we restate as follows:

As to Taylor:

I. Whether the District Court erred in determining Hart failed to plead failure of consideration as an affirmative defense.

As to the Nimmicks:

II. Whether the District Court erred in finding…