WHITTENBERG v. CARNEGIE

Docket No. 38, Calendar No. 44,729.

328 Mich. 125 (1950)

42 N.W.2d 900

WHITTENBERG v. CARNEGIE.

Supreme Court of Michigan.

Decided June 5, 1950.


Attorney(s) appearing for the Case

Walter M. Nelson, for plaintiffs.

George D. Haller and Charles H. King, for defendants.


DETHMERS, J.

From summary judgment for defendants, plaintiffs appeal, contending that the pleadings and the affidavits supporting the motion for summary judgment and opposing affidavit of merits give rise to controverted questions of fact for determination by the court or a jury. The mere existence of issues of fact is, however, no bar to entry of summary judgment for defendants, if, upon resolving all such issues in favor of plaintiffs, the defendants would still...

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