Dennis Morrisseau v. Frederick Fayette, Jr.

Summary

The court affirmed summary judgment for defendants, holding that a second judge could reconsider and grant summary judgment after another judge had denied a similar motion. It also held that defendants' appeal from the probate court's approval of the purchase agreement neither stayed plaintiff's contractual payment obligation nor made performance contingent on resolution of the title dispute. Because plaintiff failed to make the required installment payment, he could not obtain specific performance or damages for breach.