WEAVER, C.J.
The fundamental question to be resolved is whether the record presents a "genuine issue as to any material fact." If it does, the case must be submitted to a jury for determination. Defendant appeals from a summary judgment entered by the court, "a jury panel having been called and waiting in attendance."
The pleadings, depositions, affidavits, and exhibits present these facts:
March 20, 1957, plaintiff Mathel Bates purchased a tuna fishing...
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