Schiffer v. United Grocers, Inc.

Defendant United Grocers, Inc. appeals summary judgment for plaintiffs Dwaine Schiffer and White City Development in an action for declaratory relief. The trial court concluded that plaintiffs were not liable to defendant as co-obligors on a promissory note and were entitled to reasonable attorney fees incurred in litigating that question. We affirm.

The facts are uncontroverted. In 1989, Schiffer and John Gast located property in White City on which to build a grocery store. The property was owned by John and R. J. Batzer. Schiffer, Gast, and the Batzers then formed a partnership, White City…