Zands

MEMORANDUM OPINION AND ORDER

PROCEDURAL BACKGROUND

The procedural history of the case is important:

On Monday, November 4, 1991 at 10:30 a.m., the parties came before the Court on three separate motions filed in this case. First, defendants PAUL IMON NELSON and ELLEN ELIZA NELSON filed a motion for summary judgment that was subsequently joined by defendants MILDRED TACEY, JAY AND NORMA GOODWIN, and FRITZ A. NACHANT, INC. (“Defendants’ Motions”). Second, defendant FRITZ A. NACHANT, INC. had a pending motion from September 17, 1991, that the Court had ordered further briefing on (“Nachant’s Motions”). And third, plaintiffs SAMUEL and SARA ZANDS filed a motion for partial summary judgment (“Plaintiffs’ Motions”). Having fully considered this matter, including review of the papers filed by the parties, the authorities cited therein, and the arguments presented, the Court rules as follows:

FACTUAL BACKGROUND

Defendants PAUL and ELLEN NELSON owned all title to the property in question from 1961 to November 1976. In 1972, defendant, FRITZ NACHANT CO., allegedly installed the piping and pumps for gasoline tanks at a service station on this land. This installation was done at the…