Davis v. Patel

George K. Cracraft, Judge.

J.W. Davis appeals from an order granting appellee’s motion for summary judgment. He does not argue that there were material facts to be determined by the court, but that the court erred in misapplying the law to the undisputed facts.

It was undisputed that in March 1982 the parties entered into a written contract in which appellant agreed to sell a motel and its furnishings to appellee for $150,000.00, of which amount appellee agreed to pay $25,000.00 in cash at the time of closing. The remaining $125,000.00 was to be evidenced by a promissory note bearing interest…