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GORDON S. STARK & CO. v. ROETS

3 Wis.2d 612 (1958)

GORDON S. STARK & COMPANY, INC., Appellant, vs. ROETS, Respondent.

Supreme Court of Wisconsin.

April 8, 1958.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by George A. Gessner of Milwaukee.

For the respondent there was a brief by H. O. Wolfe and Wolfe, O'Leary & Kenney, all of Milwaukee, and oral argument by H. O. Wolfe.

BROWN, J.

"The summary-judgment procedure is not calculated to supplant the demurrer, or motion to make the pleadings more definite and certain, nor is it to be a trial on affidavits. McLoughlin v. Malnar (1941), 237 Wis. 492, 297 N. W. 370. Summary judgment should be granted only when it is perfectly plain that there is no substantial issue to be tried. Prime Mfg. Co. v. A. F. Gallun & Sons Corp. (1938), 229 Wis. 348, 281 N. W. 697; Atlas Investment...

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