FJESETH v. NEW YORK LIFE INS. CO.


14 Wis.2d 230 (1961)

FJESETH, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

October 3, 1961.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by N. George DeDakis of La Crosse.

For the respondent there was a brief by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Robert D. Johns.


BROADFOOT, J.

This court has often stated that summary judgment should not be granted when there are substantial issues of fact to be determined, when the evidence on a material issue is in conflict, and there are permissible inferences from undisputed facts that would permit a different result.

In several respects the record on the motion for summary judgment is uncertain so that inferences must be drawn, and there are substantial issues of fact that are...

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