Rochelle v. Carr

CADENA, Justice.

Plaintiffs, David B. Rochelle, Jr., and wife, Peggy, appeal from the granting of summary judgment in favor of defendant, Robert I. Carr, in a case in which plaintiffs sought to recover damages resulting from defendant’s trespass upon plaintiffs’ land.

Plaintiffs alleged that, on January 31, 1966, they entered into a written contract with Fritz W. Duelm whereby Duelm agreed to sell the land in question to plaintiffs, and that sometime thereafter, probably in March, 1966, but before the execution of the deed by Duelm conveying the land to plaintiffs, defendant instructed one of…