OGILVIE, CLAUDE, Associate Judge.
In this law action both parties moved for a summary judgment, each alleging "that there is no genuine issue of any material fact * * *"; and each party contends that he is entitled to a summary judgment as a matter of law.
On April 24, 1957, plaintiff Lord delivered to defendant Courtney Roberts DiePolder a check in the sum of $10,000; and on same date and simultaneously therewith defendant delivered to plaintiff a written...
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