United Guaranty Commercial Insurance Co. v. Makens

MILLER, Circuit Judge.

Appellant seeks reversal of the summary judgment granted in favor of appellees. We affirm.

Both appellant and appellees moved for summary judgment, generally agreeing that the complicated facts are not in dispute. Wm. Collins, Inc. v. S. D. State Bd. of Transp., 264 N.W.2d 491 (S.D.1978) and Salmon v. Bradshaw, 84 S.D. 500, 173 N.W.2d 281 (1969).

There does not appear to be a genuine issue as to material facts. Wilson v. Great Northern Railway Company, 83 S.D. 207, 157 N.W.2d 19 (1968). A legal issue, however, is present as to whether a certain payment made by appellant to…