Schoen v. Gulledge

The trial court granted summary judgment in favor of all defendants on all counts stated in the complaint. The plaintiffs appeal. We reverse and remand.

Viewing the evidence most favorably to the non-moving party, which we must do in reviewing the trial court's order granting summary judgment, we find that the plaintiffs have established jury issues which compel a reversal.

Otto Schoen and his wife Clara purchased 320 acres of land in 1979. Otto Schoen approached Robert Gulledge, the record title holder, with regard to the land sometime in 1978. Gulledge quoted Schoen a price of $1,500 per acre…