Busenius v. Horan

—The defendant, Ritchie A. Horan, appeals from the trial court's summary judgment order dismissing his action against Busenius and ordering payment of the entire real estate contract balance, and from the trial court's "Order Clarifying Summary Judgment Order" that was entered on motion made following Horan's filing of notice of appeal and supersedeas bond on the summary judgment and which ordered forfeiture of Horan's interest in the real estate contract. We reverse.

Facts

On December 15, 1978, Gerald A. Busenius executed a real estate contract with Ritchie and Susan Horan, husband and wife,…