Opinion
Gen. No. 9,577. (Abstract of Decision.)
Opinion filed March 8, 1948 Released for publication April 5, 1948
JUDGMENTS, § 5.1 — contradictory affidavits on motion for summary judgment. In action to recover balance due on account of materials alleged to have been sold and delivered to defendant, motion for summary judgment was properly denied, where affidavits in support of motion set out several mutually contradictory statements of alleged facts, since purpose of summary judgment procedure is to ascertain whether issue exists to be determined by trier of facts.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Sangamon county; the Hon. L.E. WILHITE, Judge, presiding.
Appeal dismissed. Heard in this court at the February term, 1948.
Rolla Babcook, for appellant;
Hugh J. Dobbs, for appellee;
Gillespie, Burke Gillespie, of counsel.
Not to be published in full. Opinion filed March 8, 1948; released for publication April 5, 1948.