THIGPEN, Judge.
This case involves a summary judgment.
Gilbert M. Aust filed suit against Billy R. Webster in July 1992, alleging fraud (Count I) and demanding the return of $5,000, which Aust paid to Webster as part of a real estate transaction (Count II), plus costs and interest. Webster denied Aust's allegations and counterclaimed for specific performance of the contract.
In October 1992, Aust filed a motion, along with supporting documentation...
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