Smith v. Osguthorpe

OPINION

BILLINGS, Associate Presiding Judge:

¶ 1 D.A. Osguthorpe and the D.A. Osgu-thorpe Family Partnership (collectively the Osguthorpes) appeal the- district court’s grant of Enoch Richard Smith’s motions for summary judgment and denial of the Osgu-thorpes’ motions for summary judgment, to dismiss, and to amend. We affirm in part, and reverse and remand in part.

BACKGROUND

¶ 2 Prior to 1966, Enoch Smith Jr. (Smith) 1 and D.A. Osguthorpe (Osguthorpe) were partners in a cattle and sheep business (the partnership). In November 1966, Smith and Osguthorpe entered into an agreement (the dissolution…