Hansen v. Kohler

MAU'GHAN, Justice:

On appeal is a judgment of the district court dismissing plaintiffs’ (hereafter Hansen) complaint against defendants (hereafter Kohler) and awarding a money judgment in favor of intervening defendants and cross-claimants (hereafter Pierce) against Hansen. The matters on appeal will be dealt with in that order. We reverse both judgments, and remand with instructions. Because of the error in granting Kohler’s motion to dismiss,1 at the close of Hansen’s evidence, tne state of the record here requires further proceedings to allow Kohler to present his case, if he chooses. It is…