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PHOENIX FEED AND SEED CO. v. ADAMS

No. 5899.

78 Ariz. 292 (1955)

279 P.2d 447

PHOENIX FEED AND SEED CO., Inc., Appellant, v. Olga I. ADAMS, Appellee.

Supreme Court of Arizona.

February 1, 1955.

Attorney(s) appearing for the Case

Andersen & Ray, Phoenix, for appellant.

W.T. Choisser, Phoenix, for appellee.

UDALL, Justice.

The primary question presented on this appeal is whether the trial court properly granted a summary judgment in favor of appellee Olga I. Adams, who will be hereinafter referred to as defendant Adams.

The law is well settled that a summary judgment should never be entered unless the facts are clear and undisputed. If there is a controversy on a factual question, judgment should be withheld until proof...

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