I.R. Kirk Farms, Inc. v. Pointer

LOWENSTEIN, Judge.

Kirk Farms (Kirk) appeals trial court’s grant of summary judgment in favor of the defendants, Pointer, et al., (Investors) in a breach of contract action.

The facts of the ease are as follows:

Kirk is a small, closely held corporation owned by the Kirk family. In March of 1980, Kirk executed a promissory note to Equitable Life Assurance Society in the amount of $700,000. Kirk secured the loan with property (farm) located in Platte County, pursuant to a deed of trust. Kirk both occupied and worked the farm, which had been in the Kirk family for some time.

In early 1988, Kirk…