Kitchen v. Schmedeman

Marquardt, J.:

Danny and Mary Schmedeman appeal the trial court’s grant of summary judgment to Donna Kitchen. We affirm.

The facts of this case are not in dispute. In September 1997, Kitchen and her now deceased husband signed a contract to purchase real estate from the Schmedemans. The Schmedemans had two mortgages on the property, which totaled approximately $27,500. At closing, Kitchen delivered certified funds in the amount of $62,500 to Realty Title Company’s (Realty) closing agent, Linda Ayala. Ayala was instructed to pay the Schmedemans’ mortgages and then deliver the balance to the…