Blyweiss v. Smith

¶1In this equitable contribution action, plaintiffs sought contribution from their joint obligors for discharge of a common debt. The trial court granted plaintiffs’ motion for summary judgment and entered judgment for a specific sum. Upon review of the record, we conclude that there are triable issues as to whether plaintiffs paid anything in excess of their *463pro-rata share of the common debt, as well as to defendant’s affirmative defenses, which plaintiffs failed to conclusively disprove. Accordingly, we reverse the summary judgment and remand for further proceedings.