Lotspeich v. Golden Oil Co.

OPINION

DONNELLY, Judge.

{1} Defendant Golden Oil Company appeals from an order awarding summary judgment to Plaintiff on his complaint alleging breach of contract, and dismissing Defendant’s counterclaim alleging fraud. Defendant argues that there are two reasons why summary, judgment was improperly granted on its counterclaim: (1) that Plaintiffs motion for summary judgment was not directed at Defendant’s counterclaim for fraud; and (2) that material issues of fact exist concerning the matters alleged in Defendant’s counterclaim. We hold that there is a material issue of fact as to whether…