Elk Ridge Lodge, Inc. v. Sonnett

George Sonnett, Jr. and Wendy Burgers-Sonnett purchased twenty acres of land and improvements from Elk Ridge Lodge, which Elk Ridge conveyed by warranty deed. The Sonnetts financed part of the purchase price by giving Elk Ridge a promissory note secured by a mortgage on the property. After the Sonnetts defaulted on the note, Elk Ridge filed suit against the Sonnetts seeking judgment and foreclosure on the property, and the Sonnetts filed counterclaims alleging breach of warranty. Both parties filed competing motions for summary judgment. The district court granted summary judgment in favor of Elk Ridge on its foreclosure claim and denied Elk Ridge's request for attorneys' fees. Both parties appealed. The Supreme Court affirmed the district court's decisions in both appeals, holding (1) the district court did not err in granting summary judgment to Elk Ridge and in denying summary judgment to the Sonnetts on their counterclaim of breach of warranty; (2) the record did not support the applicability of the Sonnetts' equitable defenses of equitable estoppel, waiver, or laches; and (3) the district court reasonably concluded that Elk Ridge was not entitled to attorneys' fees. View "Elk Ridge Lodge, Inc. v. Sonnett" on Justia Law