Baldwin v. Dube

The main question to be addressed in this case is whether the district court made a correct determination that the record disclosed no genuine issue of material fact when it entered summary judgment in favor of the appellees on appellants several claims for breach of warranty based upon warranty deeds to lots in a rural subdivision. Because of the possibility that the same questions may re-occur in this case, we also address incidental issues relating to the invocation of parol evidence and the obligation to make findings of fact and conclusions of law in entering a summary judgment pursuant to Rule 56, W.R.C.P. We are convinced that the record discloses genuine issues of material fact which made the disposition of these claims by summary judgment inappropriate. We reverse the judgment entered by the district court and remand the case for trial.