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BORKIN v. ALEXANDER

26 Wis.2d 432 (1965)

BORKIN, Respondent, v. ALEXANDER, Appellant.

Supreme Court of Wisconsin.

February 2, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Edward D. Cleveland and Richard C. Ninneman of counsel, all of Milwaukee, and oral argument by Mr. Cleveland and Mr. Ninneman.

For the respondent there was a brief by Baumblatt & Goodman of Racine, and oral argument by Robert P. Goodman.

BEILFUSS, J.

"The only issue presented by a motion for summary judgment is whether or not there is a substantial issue of fact to be tried. If there is, the motion will be denied. Hintz v. Darling Freight, Inc. (1962), 17 Wis.2d 376, 117 N.W.2d 271. The power of the courts under the summary-judgment statute is drastic, and should be exercised only when it is plain that there is no substantial issue of fact, or if permissible...

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