Clover Realty Co. v. J. L. Todd Auction Co.

Smith, Judge.

Clover Realty Company appeals the trial court’s grant of summary judgment to appellees, Cowsert and Todd. As to Cowsert, we affirm the grant. As to Todd, who failed to carry the summary judgment burden of showing conclusively the absence of material issues of fact, we reverse. On the issue made by cross appeal, we affirm the trial court’s consideration, on the motion for summary judgment, of a deposition given by Todd in a prior case, between the same parties and concerning the subject matter of the case before us.

Appellant brought this suit seeking recovery on an oral contract…