Zaruba v. Boethel

NYE, Justice.

Appellant brought suit against appellee to recover money paid under an oral contract for the purchase of land. The court sustained appellee’s motion for summary judgment, entering judgment that appellant take nothing.

The question before us is whether the appellant’s cause of action is barred by the two-year statute of limitations under the law of summary judgment practice. We must determine when appellant’s cause of action arose to calculate the running of the two-year statute. In this situation we must determine whether any material issues of fact are in dispute as to the time…