Albers v. Nelson - Supreme Court of Kansas

Albers v. Nelson

By Supreme Court of Kansas

  • Release Date: 1991-04-12
  • Genre: Law
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Albers v. Nelson Supreme Court of Kansas Book Review Score: ★★★★★ 5/5 stars

The opinion of the court was delivered by This is an ejectment action. Plaintiffs Lorraine Albers and
Ralph Luther seek to recover possession of real estate sold to
them by defendants Loring and Rosemary Nelson. The Nelsons
resist, contending the sale agreement was intended as an
equitable mortgage, and assert the contract is void based upon
fraud and usury. The district court granted summary judgment to
Albers and Luther, finding that the contract was clear and
unambiguous, that fraud was improperly pled, that there was
insufficient evidence to support a claim of fraud, and that the
contract was not usurious. In considering the motion for summary judgment, the party
against whom judgment is sought is entitled to the benefit of all
reasonable inferences and doubts that may be drawn from the facts
under consideration. Citizens State Bank v. Gilmore,
226 Kan. 662, 663, 603 P.2d 605 (1979). Summary judgment is proper where
the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that
the moving party is entitled to judgment as a matter of law.
Patterson v. Brouhard, 246 Kan. 700, 702, 792 P.2d 983 (1990).

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