701 N.E.2d 282 (1998)
Appellant claimant and grantor entered into a lease-purchase agreement. After grantor's death, appellant filed a claim against appellee grantor's estate to enforce the contract and a modification. Appellee denied the claim alleging the signature on the modification was not that of grantor. The trial court granted summary judgment.
- However, the appellate court reversed and remanded the matter.
- It found that appellee did not meet its initial burden of proving there was no genuine issue of material fact regarding grantor's signature and rejected appellee's contention that it was not required to designate evidence to support its motion.
- Further, the affidavit of grantor's daughter in support of the summary judgment motion did not indicate she was personally familiar with her father's signature or otherwise state why she concluded that her father had not signed the contested document.
- The verified letter of the expert also did not create a genuine issue of material fact as he only affirmed that it was highly probably that the challenged signature was not grantor's signature.
- The court also concluded that appellant was not competent to testify about grantor's execution of the modification agreement.
The court reversed and remanded the matter because appellee grantor's estate did not meet its initial burden of proving there was no genuine issue of material fact regarding grantor's signature. It also concluded that, on remand, appellant claimant was not competent to testify on the issue of whether appellant claimant could testify on remand about grantor's execution of agreement.
Suggested law school course materials, hornbooks, and guides for Contract Law
Shop Amazon for the best prices on Law School Course Materials.