ELDER v. CAPPS


622 S.W.2d 506 (1981)

Thomas M. ELDER and Patricia K. Elder, Appellants, v. Tommialyne Josephine CAPPS, a/k/a Tommialyne Pickerell Capps, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 9, 1981.


Attorney(s) appearing for the Case

Edwin I. Baer, Louisville, for appellants.

Roy K. Turner, Louisville, for appellee.

Before COOPER, McDONALD, and WHITE, JJ.


COOPER, Judge.

This is an appeal from a summary judgment for the appellee, defendant below. At issue is whether the trial court erred in determining that there existed no genuine issue as to any material fact, and the appellee was entitled to judgment as a matter of law. On review, we affirm.

In October of 1978, the appellants, Thomas M. Elder and Patricia K. Elder, entered into a contract with the appellee, Tommialyne Josephine Capps, a/k/a Tommialyne Pickerell...

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