Estfred Corp. v. Freeman

The determinative issue is whether Freeman was the agent for Estfred at the time he acquired title to Lot 14 and when he sold the entire parcel to Jewel Tea.

Estfred contends that the material facts upon which this issue must be resolved are not in dispute and that in this court’s review of the record the trial court’s findings of fact are not conclusive but can be reviewed as a conclusion of law.2

A careful review of the entire record convinces us that many material facts are in dispute and that our standard of review must be conducted as set forth in Mitchell v. Western Casualty & Surety Co.…